SEC. 2. All the lands embraced in said Fort Ripley reservation hereby Fort Ripley resrequired to be turned over to the Secretary of the Interior shall be sub. ervation: subject ject to entry by actual settlers under the pre-emption and homestead to entry under prelaws as minimum lands, of the rate of one dollar and twenty-five cents homestead laws. per acre, from and after the passage of this act. emption and date from settle R. S., §§ 22572289, 2317. The rights of all actual settlers entitled to the benefits of the pre- Rights of presemption or homestead laws who now occupy said lands shall date from ent occupiers to the day of their actual settlement thereon; and in perfecting their titles ment. thereto under the homestead or pre-emption laws the time such settlers have occupied and improved their said lands shall be allowed: Provided, That all persons who purchased and paid for any of said lands at the sale authorized by the War Department in the year anno Domini eighteen hundred and fifty-seven and paid therefor the minimum price of one dollar and twenty-five cents per acre shall be entitled to patents for the same without further payment: persons who have paid minimum price to have patents. Tracts having And provided further, That the Secretary of the Interior shall, prior to offering any quarter section, half quarter section, or quarter quar- government buildter section whereon are situate any public buildings or improvements, appraised and sold ing thereon to be erected or made by the government, cause the said tracts with the at not below apimprovements thereon to be appraised by three disinterested persons, praisal. and upon his approval of such appraisement shall dispose of said tracts at not less than the appraised value. SEC. 3. All acts and parts of acts inconsistent with the provisions of Repeal. this act are hereby repealed, and this act shall take effect and be in force from and after its passage. [April 1, 1880.] CHAPTER 41. AN ACT TO AUTHORIZE THE SECRETARY OF THE INTERIOR TO DEPOSIT CERTAIN FUNDS Secretary of Interior may deposit Indian trust Interest; how payable; permanent appropriation funds in Treasury. for. April 1, 1880. 21 Stat. L., 70. Secretary of InIndian trust funds terior may deposit R. S., § 3659. 1874, June 22, ch. Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, authorized to deposit, in the Treasury of the United States, any and all sums now held by him, or which may hereafter be received by in Treasury. him, as Secretary of the Interior and trustee of various Indian tribes, on account of the redemption of United States bonds, or other stocks and securities belonging to the Indian trust-fund, and all sums received on 388, par. 2. account of sales of Indian trust lands, and the sales of stocks lately pur- 122. chased for temporary investment, whenever he is of the opinion that 1880, May 11, ch. the best interests of the Indians will be promoted by such deposits, in 85, § 6. lieu of investments; 1876, June 10, ch. And the United States shall pay interest semi-annually, from the date Interest; how of deposit of any and all such sums in the United States Treasury, at payable; perma nent appropriathe rate per annum stipulated by treaties or prescribed by law, and such tion for same. payments shall be made in the usual manner, as each may become due, without further appropriation by Congress. [April 1, 1880.] CHAPTER 47. AN ACT FOR PROTECTION OF THE POTOMAC FISHERIES IN THE DISTRICT OF COLUM- April 6, 1880. 21 Stat. L., 71. In District of Co- Be it enacted, &c. lumbia, certain [SECTION 1], That it shall not be lawful to fish with fyke-net, poundfishing in Potomac net, stake-net, weir, float-net, gill-net, haul-seine, or any other contrivRiver prohibited from May 30 to ance stationary or floating, in the waters of the Potomac River within January 1. the District of Columbia, after the thirtieth day of May in any year. During fishing SEC. 2. That during the fishing season, namely, from the first day of season, time be- January to the thirtieth day of May in every year, there shall be obSaturday and mid- served in each week, a closed season, beginning at sundown on Saturnight Sunday day evening, and ending at midnight on Sunday night during which closed, &c. time it shall be unlawful to lay out any haul seine or float net or to fish the same, and all stake-nets, and the leaders of all hedges or pounds, fyke-nets and weirs shall be lifted clear of the water so as to allow unobstructed passage to the fish: tween sundown Black bass or salmon not to be taken except with hook and line. Shad or herring not to be sold, &c., after June 10. Penalty; disposition of fines; pay to informer. Act does not pro Provided, That in the case of weirs it will be sufficient to remove a section of the hedging next the pound or pen, not less than twelve feet in length. SEC. 3. That it shall be unlawful for any person to take, in any other manner than by angling, or with the out line, any fish of the species known as "black bass" or "salmon". SEC. 4. That it shall be unlawful for any person to have in possession or expose for sale in the District of Columbia, after the tenth day of June in any year, fish of the shad or herring species (fresh) under a penalty of five dollars for every fish so exposed or found in possession. SEC. 5. That any person who shall offend against any of the provisions of this act, shall be deemed guilty of a misdemeanor, and upon sufficient proof thereof in the Police Court or other court of the District shall be fined not less than ten nor more than one hundred dollars for each offense and shall forfeit to the District his nets, boats and other apparatus, which shall be sold and the proceeds of such sales and all fines accruing under this act shall be paid into the Treasury, and therefrom, to the informer, in each case where conviction ensues, shall be paid the sum of ten dollars: Provided, That nothing in this act shall be construed to prohibit anhibit fishing with gling or fishing with the out line, or to prevent the Commissioner of Fish the out-line, nor and Fisheries, or his agents, from taking from the waters named, in sioner of Fisheries any manner desired, fish of any kind for scientific purposes or for the from taking fish. purposes of propagation. [April 6, 1880.] prevent Commis April 7, 1880. 21 Stat. L., 71. Postmaster-Gen eral not to expe CHAPTER 48. AN ACT TO PROVIDE FOR A DEFICIENCY IN THE APPROPRIATIONS FOR THE TRANS- Provided, That the Postmaster General shall not hereafter have the power to expedite the service under any contract either now existing ice at rate of pay or hereafter given to a rate of pay exceeding fifty per centum upon the dite any mail serv exceeding 50 per contract as originally let. cent. of contract. R. S., § 3961. [April 7, 1880.] CHAPTER 49. AN ACT GIVING THE CONSENT OF CONGRESS TO AN AGREEMENT OR COMPACT ENTERED April 7, 1880. 21 Stat. L., 72. Cession of part Haven, Vt., to Whereas the general assembly of the State of Vermont at its October ses sion, anno Domini eighteen hundred and seventy-six, passed an act which of town of Fair was approved on the twenty-seventh day of November of the same year, State of New York. declaring that "all that portion of the town of Fair Haven, in the county Preamble. of Rutland, and State of Vermont, lying westerly from the middle of the deepest channel of Poultney River as it now runs, and between the middle of the deepest channel of said river and the west line of the State of Vermont as at present established, is hereby ceded and relinquished to the State of New York in full and absolute right and jurisdiction." And also declaring that "this act shall not take effect until the State of New York shall have assented to the same, nor until the same shall have been approved by an act of the Congress of the United States"; and Whereas "the people of the State of New York represented in senate and assembly" did by act approved March twentieth, anno Domini eighteen hundred and seventy-nine, enact that "sovereignty and jurisdiction over all that portion of the town of Fair Haven, in the county of Rutland and State of Vermont, lying westerly from the middle of the deepest channel of Poultney River, as it now runs, and between the middle of the deepest channel of said river and the west line of the State of Vermont, as at present established", "and the same is described in an act of the legislature of the State of Vermont entitled 'An act annexing that portion of the town of Fair Haven, lying west of Poultney River, to the State of New York' and approved by the governor of the said State of Vermont November twenty-seventh, anno Domini eighteen hundred and seventy-six, and the cession of the same to the State of New York is hereby accepted by the State of New York"; and also enacting that "this act shall take effect when the Congress of the United States shall consent to such cession and annexation": Therefore, assented to by Be it enacted, &c., That the consent of the Congress of the United States is hereby given to the said agreement, compact, and cession, and Congress. every part and article thereof. [April 7, 1880.] SECTION CHAPTER 56. AN ACT RELATING TO JUSTICES OF THE PEACE IN THE TERRITORIES. 1. Justices of the peace in Territories to fill vacancies; how appointed. Be it enacted, &c. April 16, 1880. Justices of peace [SECTION 1], That when from any cause there shall be a vacancy in the office of justice of the peace in any of the Territories of the United in Territories to fill vacancies; how States, it shall be lawful to fill such vacancy by appointment or election, appointed. in such manner as has been or may be provided by the governor and R. S., § 1856. legislative assembly of such Territory: Provided, That such appointee, or person elected to fill such vacancy, to hold only till shall hold office only until his successor shall be regularly elected and successors are elected, &c. qualified as provided by law. SEC. 2. That all laws and parts of laws in conflict with the provisions of this act be, and the same are hereby, repealed. [April 16, 1880.] Repeal. The census 1879, March 3, ch. 195. CHAPTER 57. AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO PROVIDE FOR TAKING THE TENTH [SECTION 1], That all mail matter of whatever class, relative to the census and addressed to the Census Office, to the Superintendent, his chief clerk, supervisors or enumerators, and indorsed, "Official business, Mail matter for, Department of the Interior, Census Office", shall be transported free to pass free; penalty for unauthor- of postage; and if any person shall make use of any such indorsement ized use of indorse- to avoid the payment of postage on his private letter, package, or other matter in the mail, the person so offending shall be deemed guilty of a 1879, March 3, misdemeanor, and subject to a fine of three hundred dollars, to be prose cuted in any court of competent jurisdiction. mert. ch. 195, § 16. not to be taken. Information as SEC. 2. That the seventeeth section of an act entitled "An act to proto naturalization vide for the taking of the tenth and subsequent censuses" be amended by striking out so much thereof as provides that schedule one contain an inquiry as to the naturalization of foreign-born persons, and that schedule four contain an inquiry relating to the ownership of the public debt of the United States, by whom owned, and the respective amounts: Provided, That the Superintendent of the Census shall collect and collate, as far as possible, by experts and agents and from officers of the R. S., § 2206, government, information in relation to the ownership of the public debt Inquiries concerning ownership of public debt. Sched. 1, 4. 1879, March 3, ch. 195, § 17. Fiscal year of corporations. of the United States. SEC. 3. That section seventeen of the act aforesaid be so amended as to allow the report which the Superintendent of the Census is required 1879, March 3, to obtain from railroad corporations, incorporated express companies, ch. 195, § 17. telegraph companies, and insurance companies to be made for the fiscal year of the incorporation or company having its termination nearest to the first of June, eighteen hundred and eighty. Enumeration; SEC. 4. That section nineteen of the aforesaid act shall be amended when to com- so as to require the enumeration to commence upon the first day of June, mence. Popula- eighteen hundred and eighty, and further so as to require that the cities to be taken enumeration of population in cities having over ten thousand inhabitants in two weeks. shall be taken within two weeks from the first day of June, eighteen 1879, March 3, hundred and eighty. tion in certain ch. 195, § 19. 1879, March 3, ch. 195, § 5. Enumerator not SEC. 5. That section five of the act aforesaid shall be amended so as resident in dis- to allow that in case it shall occur in any enumeration district that no trict; when may person qualified to perform and willing to undertake the duties of be appointed. enumerator resides in that district, the supervisor may appoint any fit person, resident in the county, to be the enumerator of that district. Enumerator of SEC. 6. That section nine of the act aforesaid be, and the same hereby population of dis- is, so amended as to require each enumerator, immediately after comtrict to file lists pleting the enumeration of the population of his district and before forwith clerk of court, warding the same to the supervisor, to make and file in the office of the 1879, March 3, clerk of the county court or in the office of the court or board adminisch. 195, § 9. &c. tering the affairs of the county to which his district belongs a list of the names, with age, sex, and color, of all persons enumerated by him, which he shall certify to be true, and for which he shall be paid at the rate of ten cents for each one hundred names. He shall give notice by written advertisement at three or more public Enumerators: to places in his district that he will be at the court house of said county on give notice of time the fifth day after filing said list, not including Sunday, from nine o'clock and place for corante meridian to six o'clock post meridian and the following day for the &c. purpose of correcting his enumeration by striking out or adding the designation of persons improperly enumerated or omitted; and on the days so designated he shall, in accordance with said notice, proceed to correct, on such reliable information as he may obtain, all omissions and mistakes in such enumeration, and to that end he may swear and examine witnesses, who shall testify subject to the pains and penalties of perjury. result. The result of such inquiry for correction and the whole number of per--to make known sons by him enumerated, he shall make known to the bystanders, if any. to bystanders the And the time given enumerators by said act to make return to supervisors is hereby extended fifteen days. And each enumerator shall be paid for his services in correcting his schedule of inhabitants as required by this act a sum to be fixed by the Superintendent of Census, in no case to exceed two dollars and fifty cents per day. And that the oath of office prescribed by section seven of said act be so amended as to authorize and require the making and filing the list of inhabitants as required by this act. - time for return extended. 1879, March 3, ch. 195, § 19. pay. 1879, March 3, ch. 195, § 10. oath of offico amended. 1879, March 3, ch. 195, § 7. Appropriation to 1879, March 3, SEC. 7. That to pay the enumerators for the additional services required by this act, the sum of one hundred and twenty-five thousand pay enumerators. dollars, or so much thereof as may be necessary, be, and the same hereby ch. 195, § 20. is, appropriated out of any money in the Treasury not otherwise appropriated. Statistics of lected. SEC. 8. The Superintendent of Census shall collect and publish the statistics of the population, industries resources of the district of Alaska, Alaska to be colwith such fullness as he may deem expedient, and as he shall find prac ticable under the appropriations made, or to be made, for the expenses of the tenth census. [April 20, 1880.] CHAPTER 58. AN ACT TO PROVIDE FOR THE ESTABLISHING OF TERMS OF COURT IN THE DISTRICT SECTION 1. In Colorado, circuit and district courts; when and where to be held. 2. Summons and attendance of jurors. 3. Records of district court in divisions to be kept by clerk of district court. Be it enacted, &c. SECTION Jurisdiction of district court. 4. Repeal of former act. [SECTION 1], That terms of the circuit and district courts of the United States for the district of Colorado shall be held at the times and places hereinafter designated, namely: At Denver, on the first Tuesday in May and the first Tuesday in October in each year; At Pueblo, on the first Tuesday in March in each year; At Del Norte, on the first Tuesday in September in each year. shall be held at the same time and place, grand and petit jurors sum- attendance of jumoned to attend in either of said courts may serve in the other of said rors. courts, and but one grand or petit jury shall be summoned to attend on said courts at one and the same time; But this provision shall not prevent either of said courts from procuring the attendance of several panels of jurors successively, as the business of the courts may require. |