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No. 355.-An Act to amend an act entitled “An act authorizing repayment for
land erroneously sold by the United States.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act of Congress "authorizing repayment for lands erroneously sold by the United States,"** approved January twelfth, eighteen hundred and twenty-five, be, and the same is hereby amended, so as to authorize the Secretary of the Interior, upon proof being made to his satisfaction, that any tract of land has been erroneously sold by the United States, so that from any cause whatever, the sale cannot be confirmed, to repay to the purchaser or purchasers, or to the legal representatives or assignees of the purchaser or purchasers thereof, the sum or sums of money, which may have been paid therefor, out of any money in the treasury not otherwise appropriated.
SEC. 2. [And] be it further enacted, That, whenever any tract of land has been erroneously sold, as aforesaid, and the sum or sums of money which may have been paid for the same, shall have been invested in any stocks held in trust, or shall have been paid into the treasury of the United States, to the credit of any trust fund, it shall be lawful by the sale of such portion of the said stocks as may be necessary for that purpose, or out of said trust fund, for repayment of the purchase-money to be made to the parties entitled thereto.
Approved, February 28, 1859.
No. 356.-An Act giving the assent of Congress to a law of the Missouri Legisla
ture for the application of the reserved two per cent. land fund of said State.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the assent of Congress be, and the same is hereby, given to the act of the Legislature of the State of Missouri, entitled “ An act supplemental to an act to amend “An act to secure the completion of certain railroads in this State, and for other
approved on the nineteenth day of November, eighteen hundred and fifty-seven, appropriating the two per centum of the net proceeds of sales of public lands in said State, reserved by existing laws to be expended under the direction of Congress, but hereby relinquished to that State ; and that the proper accounting officers of the government are hereby authorized and required to audit and pay the accounts for the same, as in the case of the three per centum land fund of said State.
Approved, February 28, 1859.
* See No. 17.
No. 357.-An Act making appropriations for the current and contingent expenses
of the Indian department, and for fulfilling treaty stipulations with various Indian tribes, for the year ending June thirtieth, eighteen hundred and sixty.
Sec. 3. And be it further enacted, That the President of the United States be, and he hereby is, authorized and required to cause to be surveyed, and the boundaries thereof permanently marked, the tract or tracts of land lying on or near the Gila River, in the Territory of Arizona, New Mexico, now occupied by the confederated bands of Pima and Maricopa Indians, and the sum of one thousand dollars is hereby appropriated to defray the expenses of the said survey.
SEC. 4. And be it further enacted, That the President of the United States be, and he hereby is, authorized and required to set apart the tract or tracts of land aforesaid as a reservation for the confederated bands of Pimas and Maricopas : Provided, That the said reservations shall not exceed one hundred square miles in extent.
Sec. 5. And be it further enacted, That the sum of ten thousand dollars is hereby appropriated to enable the Commissioner of Indian Affairs to make suitable presents to the Pimas and Maricopas, in acknowledgment of their loyalty to this government and the many kindnesses heretofore rendered by them to our citizens.
Sec. 6. And be it further enacted, That in adjusting the claims of halfbreed Indians under the tenth article of the treaty of Prairie du Chien, of the fifteenth of July, eighteen hundred and thirty, lying within the Nemohaw reservation therein described, as surveyed by McCoy, and confirmed by section thirteen of the act entitled “An act making appropriations for sundry civil expenses of the government for the year ending the thirtieth of June, eighteen hundred and fifty-nine,” approved June twelfth, cighteen hundred and Gifty-cight, there shall be found a deficiency in the quantity of land necessary to carry out the intentions of said treaty, then there shall be retained out of the proceeds of that portion of the public lands excluded from said reservation, as said half-breeds claimed its boundaries by the McCoy survey and the thirteenth section of the said act of July twelfth, eighteen hundred and fifty-eight, so much money as shall equal that deficiency, estimating the same at one dollar and twenty-five cents per acre; which said sum of money shall be paid to the Secretary of the Interior, to be held by him in trust for such of said half-breeds as shall be found entitled to it, and by him be paid to them or invested for their benefit, as he shall think most judicious and proper, after the said mixed bloods shall have relinquished to the United States all their interest in and to said deficiency in said reservation.
Approved, February 28, 1859. .
No. 358.-An Act making appropriations for sundry civil expenses of the govern
ment for the year ending the thirtieth of June, eighteen hundred and sixty.
SEC. 11. And be it further enacted, That in all cases where, by the terms of any Indian treaty in Kansas Territory, said Indians are entitled to separate selections of land, and to a patent therefor, under guards, restrictions, or conditions for their benefit, the Secretary of the Interior is hereby authorized to cause patents therefor to issue to such Indian or Indians, and their heirs, upon such conditions and limitation, and under such guards or restrictions as may be prescribed by said Secretary: Provided, That nothing herein contained shall be construed to apply to the New York Indians, or to affect their rights under the treaty made by them in eighteen hundred and thirty-eight at Buffalo Creek.
Approved, March 3, 1859.
No. 359.-An Act for the relief of congressional township number twenty-seven,
north, of range number six, east, in Wabash County, Indiana.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the auditor of the county of Wabash, aforesaid, for the time being, be authorized and allowed to make entry in his own official name of the quantity of five hundred and thirty-seven and ninety-one-hundredths acres, in legal subdivisions, of any lands of the United States, on any part of the public domain subject to private entry, at the minimum price of one dollar and twenty-five cents per acre, the same, when so entered being hereby made, and declared to be for the benefit of the inhabitants of congressional township number twentyseven, north, of range number six, east, in the county of Wabash, and State of Indiana, and to stand in lieu of a deficit of that quantity in the amount of school lands belonging to said township, and to be held and controlled in the same manner.
SEC. 2. And be it further enacted, That when the said lands shall have been selected and entered as aforesaid, and duly reported to and approved by the Secretary of the Interior, he shall cause a patent or patents to issue therefor. Approved, March 3, 1859.
No. 360.--A Resolution in relation to the second section of the Act of Congress en
titled "An act to provide for the location of certain confirmed private land claims in the State of Missouri and for other purposes.”
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the second section of the act of Congress, entitled “An act to provide for the location of certain confirmed private land claims in the State of Missouri and for other purposes,” approved June second, eighteen hundred and fifty-eight, is hereby so suspended in its operation and effect until the end of the thirty-sixth Congress, as that no patent or patents shall be issued, nor shall any action be had by the executive branch or department of the government, or any officer or agent thereof, under or by virtue of said section.*
Approved March 3, 1859.
* See No. 334.
PART SECO N D.
Duties of Registers and Receivers.
DUTIES OF REGISTERS.
[The Register of a Land Office has the custody of, and is responsible for, the safe-keeping of the township plats or maps, the tract books, purchasers' applications, &c., which constitute the permanent archives of the local land office. It is his duty to receive applications for the purchase at private entry of the public lands, to issue certificates of the purchase or entry thereof, and to note upon the township plats, and mark upon the tract book, a proper entry of the fact of the land having been sold, reporting to the General Land Office at the termination of each calendar month, an abstract of the certificates of purchase issued during the same, accompanied by such certificates and the Receiver's receipts of corresponding numbers, and also an abstract of such pre-emption declarations, under the Act of 4th September, 1841, (No. 48,) as may have been filed in his office during the same period.
The written application required by Act of 24th February, 1810, (No. 6,) for the entry of a tract of land is presented by the applicant to the Register, who appends thereto his certificate, setting forth the fact of such tract being at the time subject to private entry, and specifying the price thereof per acre. The applicant then takes said application and certificate to the Receiver of Public Moneys, to whom he makes payment, and from whom he receives duplicate receipts thereof, one of which he retains with a view of being surrendered upon his receiving his patent, and the other with the application, he delivers to the Register, who, after placing the application on file, then issues his certificate of the purchase of the land therein described, the entry thereof being thus consummated. At the termination of the month, it is the duty of the Register to forward to the General Land Office such original receipts as may have been deposited in his office during the same, accompanied by their corresponding certificates of purchase, and a descriptive abstract of the land sold during the same.
ACCOUNTS OF RECEIVERS.
In addition to the Receiver's Monthly Register of Receipts, he is required to furnish, in triplicate, a MONTHLY account current; in which he will credit the United States with the moneys received during the month from the sales of public lands, and for Register's and Receiver's fees, received for locating military bounty-land warrants. These amounts, and the number of acres sold and located, are to be separately stated in gross. He is required to debit in the same account any moneys paid by him during the month upon Treasury warrants, or deposited with the designated depository; all repayments made by order of the Commissioner of the General Land Office, under the Act of 30 March, 1855, (No. 277,) of excess of purchase-money on lands sold under the Graduation Act of August 4th, 1854, (No. 251;) the amount of land-scrip surrendered; and to carry forward to the credit of the United States, in his next monthly account, any balance due the United States. One of these returns is to be sent to the Secretary of the Treasury, another to the Commissioner of the General Land Office, and the other to the Treasurer of the United States.
A statement of the Register's and Receiver's fees received during the month, for locating military bounty-land warrants, will accompany the account forwarded to the General Land Office.
At the close of each quarter, the Receiver will forward to the General Land Office a quarterly account current, crediting the United States with the sale of each particular tract sold, and with the Register's and Receiver's military bounty-land warrant fees received during the quarter,—the latter stated in gross.
He will debit the United States with all the same payments made during the quarter, as are indicated in the remarks upon monthly accounts, and will carry forward to the credit of the United States, in his next quarterly account, any balance found due the United States. He will also transmit with this account, a condensed quarterly account, which differs from the other only in the fact that the sales of land are to be stated in
gross, and the Register's and Receiver's warrant fees under each of the particular acts under which the warrants are issued. [t follows, as a matter of course, that the balances due the United States and carried forward
upon cach of these quarterly accounts, and upon the monthly account for the last month of the quarter, will be the same.
In a case where a new bond is required from the Receiver, he is to furnish under his old bond, accounts for both the fractional month and quarter ending with the date preceding that of his new bond, and the balances thus found due the United States under the old bond, must not be carried into the accounts under the new bond, but be deposited, to close the account under the old bond, at the time when he is required to make a deposit under his new bond, unless otherwise required to pay over that balance by a warrant of the treasury. The account under the new bond will commence with the transactions of the first day thereof.
The Receiver has no authority to use any of the moneys received by him in behalf of the United States, except to pay drafts.drawn upon him by the Treasurer, to deposit with the designated depository, or to refund excess payments under the Graduation Act of August 4, 1854, (No. 251,) as indicated in the foregoing remarks.
ACCOUNTS OF RECEIVER ACTING AS DISBURSING AGENT.
A quarterly account is required from each Receiver acting as disbursing agent, and this account is in no way to be mixed up with his accounts as Receiver. In this account he will credit the United States with the amount