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CHAPTER 151.

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Timber lands in

tory to be sold.

An Act for THE SALE OF TIMBER LANDS IN THE STATES OF CALIFORNIA, OREGON,
NEVADA, AND IN WASHINGTON TERRITORY.

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Objection to patent.

Be it enacted, &c.

SECTION

Commissioner to make regulations.

4. Penalty for unlawfully cutting timber on public lands in said States, &c., and for transporting same.

not to apply in certain cases.

5. Persons prosecuted for cutting timber not for export may be relieved.

Money collected under this act to be covered into Treasury. 6. Repeal.

[SECTION 1], That surveyed public lands of the United States within California, Ore; 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 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 intention 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 fifty 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 in- 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:

2477.

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 R. S., § 2338, 2339, 2341-2343, the public lands, and for other purposes", shall be abrogated by this act; and all patents granted shall be subject to any vested and accrued 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.

96 U.S., 165.

Application for purchase; what to

set forth.

Penalty for false swearing, &c.

SEC. 2. That any person desiring to avail himself of the provisions of this act shall file with the register of the proper district a written 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 chiefly 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 valuable 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 register or the receiver of the land-office within the district where the land is situated;

And if any person taking such oath shall swear falsely in the premises, he shall be subject to all the pains and penalties of perjury, and

NOTES.-(1) The act of 1806, ch. 262 (14 Stat. L., 251), here referred to, is incorporated into Revised
Statutes in the sections noted in the margin.

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

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

Publication of

SEC. 3. That upon the filing of said statement, as provided in the 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;

Facts to be

And after the expiration of said sixty days, if no adverse claim shall 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 ap parently contains no valuable deposits of gold, silver, cinnabar, copper, or coal;

And upon payment to the proper officer of the purchase-money of said land, together with the fees of the register and the receiver, as provided for in case of mining claims in the twelfth section (2) of the act approved May tenth, eighteen hundred and seventy-two, the applicant 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:

Entry and pat

ent.

R. S., § 2238,

pars. 9, 11.
R. S., § 2334.

Commissioner

to make regula

tions.

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 offi cers 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 lations to be prescribed by the Commissioner of the General Land Office. 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. 16 Opin. Att'yknowingly transport the same, or any lumber manufactured therefrom; Gen., 189. and 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. 1878, June 3, ch. ing claim, or preparing his farm for tillage, or from taking the timber 150, 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.

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Persons prose

timber not for export may be re

SEC. 5. That any person prosecuted in said States and Territory for violating section two thousand four hundred and sixty-one of the Revised cuted for cutting Statutes of the United States who is not prosecuted for cutting timber for export from the United States, may be relieved from further prose- fieved. cution and liability therefor upon payment, into the court wherein said action is pending, of the sum of two dollars and fifty cents per acre for all lands on which he shall have cut or caused to be cut timber, or removed or caused to be removed the same:

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

NOTE.-(2) The twelfth section of the act of 1872, ch. 152 (17 Stat. L., 95), here referred to, is incorporated into the Revised Statutes in the sections noted in the margin.

R. S., § 2461. 1878, April 30, ch. 76.

16 Opin. Att'y

Gen., 189.

payment; but he shall have the right to purchase the same upon the same terms and conditions as other persons, as provided herein before in 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.]

June 3, 1878.

20 Stat. L., 91.

CHAPTER 152.

AN ACT TO PROVIDE FOR THE PUBLICATION OF NOTICES OF CONTEST UNDER THE
HOMESTEAD, PRE-EMPTION, AND TREE-CULTURE LAWS OF THE UNITED STATES.

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-culture 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.

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Inspection of

CHAPTER 154.

AN ACT TO ALTER AND AMEND A LAW OF THE DISTRICT OF COLUMBIA RELATIVE TO
THE INSPECTION OF FLOUR.

Inspection of flour manufactured in District of
Columbia.

Pay of inspector.

Unmerchantable flour to be branded, &c.
Penalty for selling in violation of act.

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" be, and the same is hereby, amended so as read:

Columbia.

Pay of inspector.

Unmerchantable

"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.

And for the inspection of which the said inspector shall have and receive 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 Washington or Georgetown;

And every barrel or half-barrel of flour which shall prove, on examflour to be brand- ination thereof, to be unmerchantable, according to the true intent and meaning of this act, the said inspector shall mark on the head or quarter with a broad arrow.

ed, &c.

Penalty for sell

act.

And no barrel or half-barrel of flour, not examined and branded by the 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)

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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.

For ministers resident at Belgium, Netherlands, Argentine Republic, of ministers resSweden and Norway, Turkey, Venezuela, Hawaiian Islands, and the ident. 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 President 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'affaires ad interim to

have no additional pay.

R. S., §§ 1684, 1686.

For salary of chargés d'affaires to Portugal, Denmark, Paraguay and Salaries of 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.

- of interpreters.

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.

For the interpreter to the legation at Japan, two thousand five hundred dollars.

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SCHEDULE B.

- of consuls-general.

of consuls, viceconsuls, commercial agents, and consular clerks.

R. S., § 1704.
Class one.

Class two.

Class three.

Class four.

For the agent and consul-general at Cairo, four thousand dollars. For the consuls-general at London, Paris, Havana, and Rio de Janeiro, each six thousand dollars, twenty-four thousand dollars.

For the consuls-general at Calcutta and Shanghai, each five thousand dollars, ten thousand dollars.

For the consul-general at Melbourne, four thousand five hundred dollars.

For the consuls-general at Kanagawa and Montreal, each four thousand dollars, eight thousand dollars.

For the consul-general at Berlin, four thousand dollars.

For the consuls-general at Vienna, Frankfort, Rome, and Constantinople, each three thousand dollars, twelve thousand dollars.

For the consuls-general at Saint Petersburg and Mexico, each two thousand dollars, four thousand dollars.

For the consul at Liverpool, six thousand dollars.

For salaries of consuls, vice-consuls, commercial agents, and thirteen consular clerks, three hundred and four thousand six hundred dollars, namely:

CLASS I.-At $4,000. per annum.

GREAT BRITAIN.-Hong-Kong.

HAWAIIAN ISLANDS.-Honolulu.

CLASS II.-At $3,500. per annum.

CHINA.-Foochow; Hankow; Cauton; Amoy; Tien-Tsin; Chiu-Kiang;
Ningpo.

PERU. Callao.

CLASS III.-At $3,000 per annum.

GREAT BRITAIN.-Manchester; Glasgow; Bradford; Demerara.
FRENCH DOMINIONS.-Havre.

SPANISH DOMINIONS.-Matanzas.

MEXICO.-Vera Cruz.

UNITED STATES OF COLOMBIA.-Panama; Colon (Aspinwall).
ARGENTINE REPUBLIC.-Buenos Ayres.

BARBARY STATES -Tripoli; Tunis; Tangier.

JAPAN.-Nagasaki; Osaka and Hiogo.

SIAM.-Bangkok.

CHILI.-Valparaiso.

CLASS IV.-At $2,500 per annum.

GREAT BRITAIN-Singapore; Tunstall; Birmingham; Sheffield; Bel

fast.

FRENCH DOMINIONS.-Marseilles; Bordeaux; Lyons.
SPANISH DOMINIONS.-Cienfuegos; Santiago de Cuba.
BELGIUM.-Antwerp; Brussels.

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