CHAPTER 151.

SECTION

June 3, 1878. AN ACT FOR THE SALE OF TIMBER LANDS IN THE STATES OF CALIFORNIA, OREGON,

NEVADA, AND IN WASHINGTON TERRITORY. 20 Stat. L., 89.

SECTION
1. Timber-lands in California, Oregon, Nevada, Commissioner to make regulations.
and Washington Territory to be sold.

4. Penalty for unlawfully cutting timber on pubClaims under existing laws not impaired.

lic lands in said States, &c., and for transRights under certain existing laws not im.

porting same. paired.

– not to apply in certain cases. 2. Application for purchase; what to set forth. 5. Persons prosecuted for cutting timber not for Penalty for false swearing.

export may be relieved. 3. Publication of application.

Money collected under this act to be covered Facts to be proved.

into Treasury. Entry and patent.

6. Repeal. Objection to patent.

Be it enacted, &c. Timber lands in SECTION 11 That surveyed public lands of the United States within California, Oro, the States of California, Oregon and Nevada and in Washington Terrigon, Nevada, and Washington Terri- tory, not included within military, Indian, or other reservations of the tory to be sold. United States, valuable chiefly for timber, but unfit for cultivation, and

which have not been offered at public sale according to law, may be sold to citizens of the United States, or persons who have declared their in. tention to become such, in quantities not exceeding one hundred and sixty acres to any one person or association of persons, at the minimum price of two dollars and tifty cents per acre; and lands valuable chiefly

for stone may be sold on the same terms as timber lands: Claims under ex- Provided, That nothing herein contained shall defeat or impair any isting laws not imi- bona-fide claim under any law of the United States, or authorize the paired.

sale of any mining claim, or the improvements of any bona fide settler, or lands containing gold, silver, cinnabar, copper, or coal, or lands selected by the said States under any law of the United States donating

lands for internal improvements, education, or other purposes : Rights under And provided further, That none of the rights conferred by the act certain existing approved July twenty-sixth, eighteen hundred and sixty-six, entitled (1) laws not impaired. "An act granting the right of way to ditch and canal owners over

, 2339, 2341-2343, the public lands, and for other purposes”, shall be abrogated by this 2477.

act; and all patents granted shall be subject to any vested and accrued 96 U.S., 165.

water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under and by the provisions of said act; and such rights shall be expressly reserved in any

patent issued under this act. Application for SEC. 2. That any person desiring to avail himself of the provisions purchase ; what to of this act shall file with the register of the proper district a written set forth.

statement in duplicate, one of which is to be transmitted to the General Land Office, designating by legal subdivisions the particular tract of land he desires to purchase, setting forth that the same is unfit for cultivation, and valuable cbiefly for its timber or stone; that it is uninhabited; contains no mining or other improvements, except for ditch or canal purposes, where any such do exist, save such as were made by or belong to the applicant, nor, as deponent verily believes, any val. uable deposit of gold, silver, cinnabar, copper, or coal; that 'deponent has made no other application under this act; that he does not apply to purchase the same on speculation, but in good faith to appropriate it to his own exclusive use and benefit; and that he has not, directly or indirectly, made any agreement or contract, in any way or manner, with any person or persons whatsoever, by which the title which he might acquire from the government of the United States should inure, in whole or in part, to the benefit of any person except himself; which statement must be verified by the oath of the applicant before the reg. ister or the receiver of the land-office within the district where the land

is situated; Penalty for false

And if any person taking such oath shall swear falsely in the premswearing, &c. ises, he shall be subject to all the pains and penalties of perjury, and

pars. I, 11.

shall forfeit the money which he may have paid for said lands, and all right and title to the same;

And any grant or conveyanco which he may have made, except in the hands of bona fide purchasers, shall be null and void.

SEC. 3. That upon the filing of said statement, as provided in the Publication of second section of this act, the register of the land office, shall post a application. notice of such application, embracing a description of the land by legal subdivisions, in his office, for a period of sixty days, and shall furnish the applicant a copy of the same for publication, at the expense of such applicant, in a newspaper published nearest the location of the premises, for a like period of time;

And after the expiration of said sixty days, if no adverse claim shall Facts to be have been filed, the person desiring to purchase shall furnish to the reg. proved. ister of the land-office satisfactory evidence, first, that said notice of the application prepared by the register as aforesaid was duly published in a newspaper as herein required; secondly, that the land is of the character contemplated in this act, unoccupied and without improvements, other than those excepted, either mining or agricultural, and that it apparently contains no valuable deposits of gold, silver, cinnabar, copper, or coal;

And upon payment to the proper officer of the purchase-money of Entry and patsaid land, together with the fees of the register and the receiver, as ent. provided for in case of mining claims in the twelfth section (2) of the

R. S., V 2238, act approved May tenth, eighteen hundred and seventy-two, the appli- ' R. S., 5 2334. cant may be permitted to enter said tract, and, on the transmission to the General Land Office of the papers and testimony in the case, a patent shall issue thereon:

Provided, That any person having a valid claim to any portion of the Objection to patland may object, in writing, to the issuance of a patent to lands so held ent. by him, stating the nature of his claim thereto; and evidence shall be taken, and the merits of said objection shall be determined by the officers of the land-office, subject to appeal, as in other land cases.

Effect shall be given to the foregoing provisions of this act by regu- Commissioner lations to be prescribed by the Commissioner of the General Land Office. to make regula

tions. SEC. 4. That after the passage of this act it shall be unlawful to cut, Penalty for unor cause or procure to be cut, or wantonly destroy, any timber growing

lawfully cutting

timber on public on any lands of the United States, in said States and Territory or re- lands in said move, or cause to be removed, any timber from said public lands, with States, &c., and intent to export or dispose of the same; and no owner, master, or con- for transporting signee of any vessel, or owner, director, or agent of any railroad, shall same. knowingly transport the same, or any lumber manufactured therefrom; Gen., 109.

16 Opin. Att’yand any person violating the provisions of this section shall be guilty of a misdemeanor, and, on conviction, shall be fined for every such offense a sum not less than one hundred nor more than one thousand dollars:

Provided, That nothing herein contained shall prevent any miner or -- not to apply in agriculturist from clearing his land in the ordinary working of his min. certain cases. ing claim, or preparing his farm for tillage, or from taking the timber

1878, June 3, ch.

150, Ø 1. necessary to support his improvements, or the taking of timber for the 1878, April 30, use of the United States; and the penalties herein provided shall not ch. 76. take effect until ninety days after the passage of this act. SEC. 5. That any person prosecuted in said States and Territory for

Persons proseviolating section two thousand four hundred and sixty-one of the Revised cuted for cutting

timber not for exStatutes of the United States who is not prosecuted for cutting timber

port may be refor export from the United States, may be relieved from further prose- fioved. cution and liability therefor upon payment, into the court wherein said R. S., 0 2461. action is pending, of the sum of two dollars and fifty cents per acre for

1878, April 30,

ch. 76. all lands on which he shall have cut or caused to be cut timber, or

16 Opin. Attyremoved or caused to be removed the same:

Gen., 189. Provided, That nothing contained in this section shall be construed as granting to the person hereby relieved the title to said lands for said

payment; but he shall have the right to purchase the same upon the same

terms and conditions as other persons, as provided hereinbeforein this act: Money collected And further provided, That all moneys collected under this act shall under this act to be covered into the Treasury of the United States. And section four be covered into thousand seven hundred and fifty-one of the Revised Statutes is hereby Treasury.

Modifying R. S., repealed, so far as it relates to the States and Territory herein named. $ 4751. Repeal.

SEC. 6. That all acts and parts of acts inconsistent with the provisions of this act are hereby repealed. (June 3, 1878.]

CHAPTER 152.

THE INSPECTION OF FLOUR.

Columbia.

June 3, 1878. AN ACT TO PROVIDE FOR THE PUBLICATION OF NOTICES OF CONTEST UNDER THE

HOMESTEAD, PRE-EMPTION, AND TREE-CULTURE LAWS OF THE UNITED STATES. 20 Stat. L., 91.

Notices of contest under homestead, pre-emption, and tree-culture laws; how published. Notices of con- Be it enacted, &c., That the notices of contest now provided by law test under home- under the homestead, pre-emption and tree-culture laws of the United stead, pre-emp- States shall, after the passage of this act, be printed in some newspaper tion, and tree-culturo'laws; how printed in the county where the land in contest lies; and if no newspapublished. per be printed in such county, then in the newspaper printed in the

R. S., \_2259, county nearest to such land. [June 3, 1878.] 2289, 2464.

1874, June 3, ch. 55, $ 3.

1876, May 20, ch. 102. 1878, June 14, ch.

CHAPTER 154. 190. June 4, 1878.

AN ACT TO ALTER AND AMEND A LAW OF THE DISTRICT OF COLUMBIA RELATIVE TO 20 Stat. L., 91. Inspection of flour manufactured in District of Unmerchantable flour to be branded, &c.

Penalty for selling in violation of act. Pay of inspector. Inspection of Be it enacted, &c., That section six of an act of the legislative assemflour manufact, bly of the District of Columbia, approved August twenty-first eighteen ured in District of hundred and seventy one, entitled "An act relating to inspection of flour” Columbia.

be, and the same is hereby, ainended so as read:

“That all and every barrel and half-barrel of flour manufactured in the District, or brought to the same for sale, shall be subject to the examination of the inspector, by boring, searching, and trying it through with an instrument not exceeding five-eighths of an inch in diameter, to be provided by the inspector for that purpose, who shall afterwards plug up the hole with a round plug made of soft wood, so as to prevent the entrance of water, and if the inspector shall judge the same to be merchantable according to the direction of this act, he shall, at the time of inspecting, mark or brand on the head or quarter of every barrel and half-barrel of flour, in letters one-half inch in length, the word “Georgetown”, if inspected in Georgetown, and “Washington”, if inspected in Washington, together with the word or words designating the degree of fineness which he shall, at the time of inspection, determine said flour entitled to, with the exception of the degree of superfine, which he shall mark or brand over the quarter; and the several degrees in quality shall be distinguished as follows: Family, Extra, Superfine, Fine, and

First Middlings. Pay of inspector. And for the inspection of which the said inspector shall have and re

ceive of the owner or agent of said flour, for each and every barrel and half-barrel, one cent and one drawing of flour for all inspected in Wash

ington or Georgetown; Unmerchantable And every barrel or half-barrel of flour which shall prove, on exam. flour to be brand- ination thereof, to be unmerchantable, according to the true intent and .ed, &c.

meaning of this act, the said inspector shall mark on the head or quarter with a broad arrow.

66

act.

And no barrel or half-barrel of flour, not examined and branded by Penalty for sellthe inspector as aforesaid, shall be sold within the District, under pen- ing in violation of alty of one dollar for each and every barrel or half-barrel, to be paid by the person or persons so offending. [June 4, 1878.]

CHAPTER 155.

AN ACT MAKING APPROPRIATIONS FOR THE CONSULAR AND DIPLOMATIC SERVICE OF
THE GOVERNMENT FOR THE YEAR ENDING JUNE THIRTIETH, EIGHTEEN HUN-
DRED AND SEVENTY-NINE, AND FOR OTHER PURPOSES.

Salaries established.

- of ministers plenipotentiary.

- of ministers resident.

Chargé d'affaires ad interim to have no additional pay.

Salaries of chargés d'affaires.

of secretaries of legation.

of interpreters.

- of consuls-general.

-of consuls, vice-consuls, commercial agents, and consular clerks of such classes.

- of commercial agencies.

- of clerks of consulates.

Total amount expended one year not to exceed
$42,600.

Fees for shipping and discharging seamen at cer-
tain ports to be paid into Treasury.
Salaries of interpreters in Japan, China, Siam.

- of marshals in Japan, China, Siam, and Turkey.
Prices current to be furnished by consular officers
to Secretary of Treasury.

Salaries of Spanish Claims Commission.

Salaries established by this act to be in full after
July 1, 1878.

Be it enacted, &c., That the following sums be, and the same are hereby, appropriated for the service of the fiscal year ending June thirtieth, eighteen hundred and seventy-nine, out of any money in the Treasury not otherwise appropriated, for the objects hereinafter expressed, namely: (1)

1875, March 3,

ch. 153. 1879, Jan. 27, ch. 28.

For salaries of envoys extraordinary and ministers plenipotentiary to of ministers Great Britain, France, Germany, and Russia, at seventeen thousand five plenipotentiary. hundred dollars each, seventy thousand dollars.

For salaries of envoys extraordinary and ministers plenipotentiary to Spain, Austria, Italy, Brazil, Mexico, Japan, and China, at twelve thou.

sand dollars each, eighty four thousand dollars.

For salaries of envoys extraordinary and ministers plenipotentiary to Chili and Peru, at ten thousand dollars each, twenty thousand dollars.

ident.

For ministers resident at Belgium, Netherlands, Argentine Republic, of ministers resSweden and Norway, Turkey, Venezuela, Hawaiian Islands, and the United States of Colombia, at seven thousand five hundred dollars each, sixty thousand dollars.

For minister resident and consul-general at Bolivia, five thousand dollars.

For minister resident accredited to Guatemala, Costa Rica, Honduras, Salvador, and Nicaragua, to reside at the place that the Président may select in either of the States named, ten thousand dollars.

For minister resident and consul-general to Hayti, seven thousand five hundred dollars.

For minister resident and consul-general to Liberia, four thousand dollars.

That hereafter chargés d'affaires ad interim shall receive no additional pay beyond that which the law provides for the regular offices which they hold in their respective legations.

Chargés d'af faires ad interim to

have no additional pay.

R. S., §§ 1684, 1686.

Salaries of

For salary of chargés d'affaires to Portugal, Denmark, Paraguay and Uruguay and Switzerland, at five thousand dollars each, twenty thou- chargés d'affaires. sand dollars.

NOTE. (1) This act makes appropriations for one year only, but the last clause here printed makes the salaries therein provided for in full after July 1, 1878, and repeals all laws in conflict therewith. Most of the act is superseded by the act of 1879, June 27, ch. 28, which, after making appropriations for one year, adds a continuing clause in the same language as that of this act.

Salaries of secre

For salaries of the secretaries to the legations at London, Paris, Bertaries of legation. lin, and Saint Petersburg, at two thousand six hundred and twenty-five

dollars each, ten thousand five hundred dollars.

For salary of the secretary of legation at Japan, two thousand five hundred dollars.

For salaries of the secretaries to the legations at Austria, Brazil, Italy, Mexico, and Spain, at one thousand eight hundred dollars each, nine thousand dollars.

For the salary of the secretary to the legation (when acting also as interpreter) at China, five thousand dollars.

For the salary of the interpreter to the legation in Turkey, three thousand dollars.