1879, March 3, ch. 187.

Repeal.

First. A salary at the rate of four thousand dollars per annum. Second. Fifteen dollars for each one hundred vouchers or at that rate for a fraction of one hundred prepared and paid by any agent in excess of four thousand vouchers per annum.

Third. Actual and necessary expenses for rent, fuel, and lights, and for postage on official matter directed to the departments and bureaus at Washington, to be approved by the Secretary of the Interior.

[Par. 3.] And all acts and parts of acts inconsistent with this act are hereby repealed. [June 14, 1878.]

CHAPTER 189.

June 14, 1878. 20 Stat. L., 113.

emption to home

AN ACT FOR THE RELIEF OF SETTLERS ON THE PUBLIC LANDS UNDER THE PRE-EMP-
TION LAWS.

Settlers on public lands changing entries from pre-emption to homestead; when may perfect title. Settlers on pub- Be it enacted, &c., That any person who has made a settlement on the lic lands changing public lands under the pre-emption laws, and has subsequent to such entries from pre-settlement changed his filing in pursuance of law to that for a homestead; when may stead entry upon the same tract of land shall be entitled subject to all perfect title. the provisions of law relating to homesteads to have the time required R. S., §§ 2259, to perfect his title under the homestead laws computed from the date of 1877, March 3, his original settlement heretofore made, or hereafter to be made, under ch. 123. the pre-emption laws. [June 14, 1878.]

2291.

1878, May 27, ch.

140.

CHAPTER 190.

June 14, 1878.

20 Stat. L., 113.

AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO ENCOURAGE THE GROWTH OF TIM-
BER ON THE WESTERN PRAIRIES."

may have further time when cuttings are
destroyed.

SECTION

Proceedings, in case of death of party, for benefit of beirs, &c.

3. Failing to cultivate and protect, or to comply with act, renders land subject to entry under homestead laws, &c.

4. Lands not liable to debts previously contracted.

5. Commissioner to make rules.

Fees of register and receiver.

6. Perjury; how punished.

acres.

Provided further, That not more than one quarter of any section shall - but only a quarbe thus granted, and that no person shall make more than one entry ter-section, and under the provisions of this act.

only one entry by

same person. SEC 2. That the person applying for the benefits of this act shall, Entries; how upon application to the register of the land district in which he or she is made.

R.S., $ 2465. about to make such entry, make affidavit, before the register or the receiver, or the clerk of some court of record, or officer autborized to administer oaths in the district where the land is situated; which affidavit shall be as follows, to wit: I,

having filed my application, number —, for an entry under the provisions of an act entitled "An act to amend an act entitled 'An act to encourage the growth of timber on the Western prairies” approved

187–, do solemnly swear (or affirm) that I am the head of a family (or over twenty-one years of age), and a citizen of the United States (or have declared my intention to become sucli); that the section of land specified in my said application is composed exclusively of prairie Jands, or other lands devoid of timber; that this filing and entry is made for the cultivation of timber, and for my own exclusive use and benefit; that I have made the said application in good faith, and not for the purpose of speculation, or directly or indirectly for the use or benefit of any other person or persons whomsoever; that I intend to hold and cultivate the land, and to fully comply with the provisions of this said act; and that I have not heretofore made an entry under this act, or the acts of which this is amendatory.

And upon filing said affidavit with said register and said receiver and — payments. on payment of ten dollars, if the tract applied for is more than eighty acres; and five dollars if it is eighty acres or less, he or she shall thereupon be permitted to enter the quantity of land specified ;

And the party making an entry of a quarter-section under the provis- Parties required ions of this act shall be required to break or plow five acres covered to break and plant thereby the first year, five acres the second year, and to cultivate to certain number of crop or otherwise the five acres broken or plowed the first year; the third year he or she shall cultivate to crop or otherwise the five acres broken the second year, and to plant in timber, seeds, or cuttings the five acres first broken or plowed, and to cultivate and put in crop or otherwise the remaining five acres, and the fourth year to plant in timber, set ds, or cuttings the remaining five acres.

All entries of less quantity than one quarter-section shall be plowed, planted, cultivated and planted to trees, tree-seeds, or cuttings, in the same manner and in the same proportion as hereinbefore provided for a quarter-section.

Provided, however, That in case such trees, seeds, or cuttings shall be - may have furdestroyed by grasshoppers, or by extreme and unusual drouth, for any ther time when year or term of years, the time for planting such trees, seeds, or cuttings cuttings are deshall be extended one year for every such year that they are so de

stroyed.

1876, May 20, ch. stroyed:

102. Provided further, That the person making such entry shall, before he 1879, July 1, ch. or she shall be entitled to such extension of time, file with the register

63. and the receiver of the proper land-office an affidavit, corroborated by two witnesses, setting forth the destruction of such trees, and that, in consequence of such destruction, he or she is compelled to ask an extension of time, in accordance with the provisions of this act: And provided further, That no final certificate shall be given, or patent Patent, &c., not

& issued, for the land so entered until the expiration of eight years from to issue until eight the date of such entry;

years. And if, at the expiration of such time, or at any time within five years Proceedings in thereafter, the person making such entry, or, if he or she be dead, his case of death of or her heirs or legal representatives, shall prove by two credible wit- party for benefit

of heirs, &c. nesses that he or she or they have planted, and, for not less than eight years, have cultivated and protected such quantity and character of trees as aforesaid; that not less than twenty-seven hundred trees were planted on each acre and that at the time of making such proof that there shall be then growing at least six hundred and seventy-five living and thrifty trees to each acre, they shall receive a patent for such tract of land.

Failing to culti- SEC 3. That if at any time after the filing of said affidavit, and prior vate and protect; to the issuing of the patent for said land, the claimant shall fail to com

comply with act, renders' land ply with any of the requirements of this act, then and in that event subject to entry such land shall be subject to entry under the homestead laws, or by under homestead some other person under the provisions of this act. laws, &c.

Provided, That the party making claim to said land, either as a homestead-settler, or under this act, shall give at the time of filing his application, such notice to the original claimant as shall be prescribed by the rules established by the Commissioner of the General Land Office; and

the rights of the parties shall be determined as in other conte ed cases. Lands not liable SEC 4. That no land acquired under the provisions of this act shall, to debts previously in any event, become liable to the satisfaction of any debt or debts conR. S., 2468.

tracted prior to the issuing of the final certificate therefor. Commissioner to SEC 5. That the Commissioner of the General Land Office is hereby make rules.

required to prepare and issue such rules and regulations, consistent with R. S., Ø 453.

this act, as shall be necessary and proper to carry its provisions into effect; Fees of registers

And that the registers and receivers of the several land-offices shali and receivers. each be entitled to receive two dollars at the time of entry, and the like R.S., | 2238.

sum when the claiin is finally established and the final certificate issued. Perjury; how SEC 6. That the fifth section(1) of the act entitled “An act in addition punished.

to an act to punish crimes against the United States, and for other pur1857, ch. 116, 0 5 (12 Stat. L., 256). poses”, approved March third, eighteen hundred and fifty-seven, shall R.S., 5392. extend to all oaths, affirmations, and affidavits required or authorized

by this act. Entries under SEO 7. That parties who have already made entries under the acts former acts may approved March third, eighteen hundred and seventy-three,(2) and be completed.

R. , Ø
B. 2317, amendatory shall be permitted to complete the same upon full compli.

March thirteenth, eighteen hundred and seventy-four, of which this is 2464-2468

18733, ch. 277 (17 ance with the provisions of this act; that is, they shall, at the time of Stat. L., 277).

making their final proof, bave had under cultivation, as required by this 1874, March 13, ch. 55.

act, an amount of timber sufficient to make the number of acres required

by this act. Repeal.

SEC 8. All acts and parts of acts in conflict with this act are hereby repealed. (June 14, 1878.]

NOTEs.-(1) The section bere referred to, 1857, ch. 116, 9 5 (11 Stat. L., 250), appears not to have been incorporated into Revised Statutes, but R.S., $ 5392, nay perhaps cover all the cases to which this omitted section applied.

(2) The act of 1873, ch. 277, is incorporated into the Revised Statutes in the sections noted in the margin

CHAPTER 191.

SECTION

*

June 14, 1878. AN ACT MAKING APPROPRIATIONS TO SUPPLY DEFICIENCIES IN THE APPROPRIATIONS

FOR THE FISCAL YEAR ENDING JUNE THIRTIETH, EIGHTEEN HONDRED AND 20 Stat. L., 130.

SEVENTY-EIGHT, AND PRIOR YEARS, AND FOR THOSE HERETOFORE TREATED AS
PERMANENT, FOR REAPPROPRIATIONS, AND FOR OTHER PURPOSES.

SECTION
4. Secretary of Treasury not to report estimate 4. Amounts found due to be reported to Con-
for reappropriations.

gress.
Accounting officers to examine claims under Accounts not to be reopened, except, &c.

certain exhausted appropriations, &c.
Be it enacted, &c.
*

* Secretary of SEC. 4. That so much of section five of the act approved June twenTreasury not to re- tieth, eighteen hundred and seventy-four, as directs the Secretary of the port estimate for reappropriations. Treasury at the beginning of each session to report to Congress with his

1874, June 20, ch. annual estimates any balances of appropriations for specific objects af328, 0'5.

fected by said section that may need to be reappropriated, be, and hereby

is, repealed. Accounting offi- And it shall be the duty of the several accounting-officers of the cers to oxamine Treasury to continue to receive, examine, and consider the justice and claims under certain exhausted, validity of all claims under appropriations the balances of which have &c., appropria- been exhausted or carried to the surplus fund under the provisions of said tions, &c. section that may be brought before them within a period of five years. And the Secretary of the Treasury shall report the amount due each Amounts found claimant, at the commencement of each session, to the Speaker of the due to be reportod

to Congress. House of Representatives, who shall lay the same before Congress for

R. 8., 0 3669. consideration :

Provided, That nothing in this act shall be construed to authorize the Accounts not to re-examination and payment of any claim or account which has been be reopened, exonce examined and rejected, unless reopened in accordance with exist. cept, &c. ing law. [June 14, 1878.]

CHAPTER 193.

AN ACT TO AMEND SECTION FORTY-ONE HUNDRED AND TWENTY-SEVEN OF THE RE

VISED STATUTES, OF THE UNITED STATES, IN RELATION TO THE JUDICIAL POW
ERS AND FUNCTIONS OF CONSULS.

June 14, 1878. 20 Stat. L., 131.

Laws extended to other countries with which like

treaties shall be hereafter made.

Foreign relations; laws extended to Tripoli, Tunis,

Morocco, Muscat, and Navigator Islands. Consuls therein invested with certain judicial

powers.

ers.

Be it enacted, &c., That section forty-one hundred and twenty-seven Foreign relaof the Revised Statutes of the United States be, and the same is hereby, ed to Íripoli, Tunis,

; laws amended so that it shall hereafter read as follows:

Morocco, Muscat, SEC 4127. The provisions of this title, so far as the same are in con- and Navigator Islformity with the stipulations in the existing treaties between the United ands, States and Tripoli, Tunis, Morocco, Muscat, and the Samoan or Naviga- t. 5., 944127.

,

Substitute for tor Islands, respectively, shall extend to those countries, and shall be executed in conformity with the provisions of the treaties and of the provisions of this title by the consuls appointed by the United States to Consuls therein reside therein, who are hereby ex officio invested with the powers herein invested with cer

tain judicial pow. delegated to the ministers and consuls of the United States appointed to reside in the countries named in section four thousand and eighty. R. S., 08 4083, three, so far as the same can be exercised under the provisions of trea- 4127. ties between the United States and the several countries mentioned in this section, and in accordance with the usages of the countries in their intercourse with the Franks or other foreign Christian nations.

And whenever the United States shall negotiate a treaty with any Laws extended foreign government, in which the American consul-general or consul to other countries shall be clothed with judicial authority, and securing the right of trial with which like

treaties may be to American citizens residing therein before such consul-general or con- hereafter made, sul, and containing provisions similar to or like those contained in the &c. treaties with the governments named in this act, then said title, so far 1874, March 23,

ch. 62. as the same may be applicable, shall have full force in reference to said treaty, and shall extend to the country of the government negotiating the same. (June 14, 1878.]

CHAPTER 194.

AN ACT TO AUTHORIZE THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA TO

MAKE AND ENFORCE REGULATIONS RELATIVE TO THE SALE OF COAL, AND ALSO
BUILDING REGULATIONS.

June 14, 1878. 20 Stat. L., 131.

SECTION

SECTION 1. Commissioners to make regulations for salo

and building regulations. of coal in District of Columbia.

2. Etfect of regulations. Be it enacted, &c.

(SECTION 1], That the Commissioners of the District of Columbia be, Commissioners and they hereby are, authorized and directed to make and enforce such to make regula

tions relative to rules and regulations relative to the sale of coal in the District of Co- sale of coal in Dislumbia as shall insure full weight to purchasers of coal;

-and building regulations.

Effect of regulations.

Also, such building regulations for the said District as they may deem advisable.

SEC. 2. That such rules and regulations made as above provided shall have the same force and effect within the District of Columbia as if enacted by Congress. [June 14, 1878.]

CHAPTER 196.

June 14, 1878.

20 Stat. L., 132.

AN ACT TO PROVIDE FOR THE APPOINTMENT OF A DISTRICT JUDGE FOR THE WEST-
ERN DISTRICT OF TENNESSEE, AND FOR OTHER PURPOSES.

SECTION

1. District judge for western district of Tennes-
see to be appointed.

2.

SECTION

3. Judge for middle and eastern district. 4. Repeal.