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CHAPTER 61.

AN ACT TO AMEND AN ACT ENTITLED "AN ACT FOR THE REMOVAL OF CERTAIN IN-
DIANS IN NEW MEXICO", APPROVED JUNE TWENTIETH, EIGHTEEN HUNDRED AND

SEVENTY-EIGHT.

April 23, 1880.

21 Stat. L., 81.

Removal of

ron to New Mexico.

Removal of Apaches at Cimarron to New Mexico; repeal of former provisions as to removal, &c. Be it enacted, &c., That the proviso to the act approved June twentieth, eighteen hundred and seventy-eight, making an appropriation for Apaches at Cimarthe removal of the band of Apaches at Cimarron, New Mexico, to the Repeal of former Mescalero Apache Reservation at Fort Stanton, New Mexico, requiring provisions as to rethe removal of said Indians within thirty days after the passage of the moval in thirty act, and forbidding the issue of rations and annuities to said Indians, days and issue of rations only in except at the Mescalero Apache Agency, New Mexico, be, and the same New Mexico. is hereby, repealed, and the Secretary of the Interior is authorized and 1878, June 20, ch. directed to issue to said Indians their supplies and annuities at the 359, § 1, par. 16. Abiquiu Agency, New Mexico. [April 23, 1880.]

CHAPTER 71.

AN ACT FOR THE ESTABLISHMENT OF A LAND-OFFICE IN THE TERRITORY OF MONTANA.

SECTION

SECTION

2. Register and receiver for.

April 30, 1880.

21 Stat. L., 81.

1. Yellowstone land district in Montana established, with land-office at Miles City.

Montana estab

Be it enacted, &c. [SECTION 1], That all that portion of the Territory of Montana which Yellowstone lies east of the twenty-seventh range east of the principal meridian which land district in is not now or hereafter may be included in any Indian reservation, be, and the same is hereby, designated as the district of the Yellowstone, and constituted a separate land district, with a United States land-office at Miles City, within said district.

SEC. 2. The President shall appoint a register and receiver for said office, who shall be entitled to such compensation as is now provided by law, which compensation shall be paid from the fund appropriated for such purposes. [April 30, 1880.]

lished, with land-
office at Miles City.
R. S., § 2256, 2d
ed., p. 413.
-register and re-

ceiver for.
R. S., § 2234.

CHAPTER 73.

AN ACT MAKING APPROPRIATIONS FOR THE NAVAL SERVICE FOR THE FISCAL YEAR
ENDING JUNE THIRTIETH, EIGHTEEN HUNDRED AND EIGHTY-ONE, AND FOR OTHER
PURPOSES.

*

In Navy rations, Secretary of Navy may substitute desiccated tomatoes for desiccated potatoes. Be it enacted, &c., * That the Secretary of the Navy may substitute for the ration of "two ounces of desiccated potatoes" six ounces of desiccated tomatoes if he shall believe such substitution to be conducive to the health and comfort of the Navy, and not to be more expensive to the government than the present ration, provided the same shall be acceptable to the men. In the event the Secretary of the Navy orders such substitution he is authorized to have sold at public auction any desiccated potatoes on hand, the proceeds of which sale shall be used in the purchase of desiccated tomatoes for the use of the Navy.

*

[May 3, 1880.]

May 3, 1880. 21 Stat. L., 86.

In Navy rations, Secretary of Navy may substitute desiccated tomatoes for desiccated potatoes.

R. S., § 1580.

CHAPTER 81.

May 4, 1880.

21 Stat. L., 111.

In Army, 10 per cent. to be added to cost of stores

sold to officers and

men.

R. S., §§ 1144,

1145.

AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF THE ARMY FOR THE FISCAL
YEAR ENDING JUNE THIRTIETH, EIGHTEEN HUNDRED AND EIGHTY-ONE, AND FOR
OTHER PURPOSES.

In Army, 10 per cent. to be added to cost of stores
sold to officers and men.

Be it enacted, &c.

- except subsistence supplies to companies, &c., and tobacco.

That to the cost of all stores and other articles sold to officers and men, except tobacco, as provided for in section one thousand one hundred and forty-nine of the Revised Statutes, ten per centum shall be added to cover wastage, transportation, and other incidental charges, save that subsistence supplies may be sold to companies, detachments, and hospitals at cost prices, not including cost of transportation, upon the certificate of an officer commanding a company or detachment, or in charge of a hospital, that the supplies are necessary for the exclusive except subsist- use of such company, detachment, or hospital. ence supplies to

1879, June 23, ch. 35, § 1.

1881, Feb. 24, ch. 79, § 1, par. 2.

companies, &c., and tobacco.

[May 4, 1880.]

CHAPTER 84.

May 8, 1880.

21 Stat. L., 114.

AN ACT TO AUTHORIZE THE SALE OF FORT LOGAN, MONTANA TERRITORY, AND TO
ESTABLISH A NEW POST ON THE FRONTIER.

or

tana.

SECTION

1. Military post to be established at or near
Mussel Shell River, Montana.

Be it enacted, &c.

SECTION

2. Fort Logan reservation in Montana to be sold, &c.

Military post to [SECTION 1], That the Secretary of War be and he is hereby authorbe established at ized and empowered to establish a new military post at or near the Musnear Mussel sel Shell River in the Territory of Montana, as he may deem best for Shell River, Mon- the protection of the frontier from Indian incursions: Provided, The total cost of the same shall not exceed the sum of fifty thousand dollars. Fort Logan res- SEC. 2. The Secretary of War is hereby authorized and directed, after ervation in Mon- due notice, to sell at public auction or otherwise dispose of in parcels or tana to be sold, otherwise, as he may deem most advantageous to the government, the site, reservation and buildings of Fort Logan, Montana Territory, and re-invest the proceeds of such sale in the erection of the post authorized by the first section of this act:

&c.

Provided, That such portion of said buildings, or of the materials thereof, as can be profitably removed to said new post, may be reserved from sale and so removed. [May 8, 1880.]

May 11, 1880. 21 Stat. L., 131, 132.

CHAPTER 85.

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 EIGHTY-ONE, AND FOR OTHER PURPOSES.

SECTION

1. Par. 1. Secretary of Interior may purchase
articles made at Indian training
schools.

Par. 2. Limitation of annual expenditures at
Indian agencies not to apply to sums
paid teachers and Indians.

4. Indians not to be granted permits to go into
Texas; oflicers liable to dismissal for vio-
lation.

SECTION

- Secretary of Interior to prevent Indians going there.

6. Secretary of Treasury to place semi-annual interest to credit of L'Anse and Vieux de Sert bands of Chippewas.

Be it enacted, &c. [SECTION 1.]

*

terior may pur

[Par. 1.] That the Secretary of the Interior be, and he is hereby, au- Secretary of Inthorized, whenever it can be done advantageously, to purchase for use chase articles made in the Indian service, from Indian manual and training schools, in the at Indian training manner customary among individuals such articles as may be manufact- schools. ured at such schools, and which are used in the Indian service. Ac- R. S., § 2083. counts of such transactions shall be kept in the Indian Bureau and in the training schools, and reports thereof made from time to time.

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Limitation of an

[Par. 2.] That teachers and Indians employed at agencies in any capacity shall not be construed as part of agency employees named in sec- nual expenditures tion five of the act making appropriations for the Indian service for the at Indian agencies not to apply to fiscal year ending June thirtieth, eighteen hundred and seventy-six, ap- sums paid teachers proved March third, eighteen hundred and seventy-five.

*

and Indians. 1875, March 3, ch. 132, § 5. SEC. 4. And provided further, That all officers and agents Indians not to of the Army and Indian Bureaus are prohibited, except in a case spe- be granted permits cially directed by the President, from granting permission in writing or to go into Texas; otherwise to any Indian or Indians on any reservation to go into the dismissal for violaState of Texas under any pretext whatever; and any officer or agent of tion. the Army or Indian Bureau who shall violate this provision shall be dismissed from the public service.

officers liable to

And the Secretary of the Interior is hereby directed and required to Secretary of Intake at once such other reasonable measures as may be necessary in con- terior to prevent nection with said prohibition to prevent said Indians from entering said Indians going

State.

there.

est to credit of

SEC 6. That the Secretary of the Treasury be, and he is hereby, Secretary of authorized and directed, semi-annually, to place to the credit of the Treasury to place L'Anse and Vieux de Sert bands of Chippewas, of Lake Superior, under semi-annual interthe provisions of the act entitled "An act to authorize the Secretary of L'Anse and Vieux the Interior to deposit certain funds in the United States Treasury in de Sert bands of lieu of investment", approved April first, eighteen hundred and eighty, Chippewas. interest upon twenty thousand dollars, being the unexpended balance of R. S., § 3659. 1874, June 22, ch. money belonging to the said Indians appropriated under the provisions of the act entitled "An act making appropriations to supply deficiencies in the appropriations for the service of the government for the fiscal 122. years ending June thirtieth, eighteen hundred and seventy-three and eighteen hundred and seventy-four, and for other purposes", approved June twenty-second, eighteen hundred and seventy-four, and now to their credit on the books of the Treasury, said unexpended balance and interest thereon to be applied as provided in said act. [May 11, 1880.]

41.

1876, June 10, ch.

1880, April 1, ch.

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Be it enacted, &c.

When claimant

[SECTION 1], That when a pre-emption, homestead, or timber-culture claimant shall file a written relinquishment of his claim in the local land- files relinquishoffice, the land covered by such claim shall be held as open to settlement ment of claim, land and entry without further action on the part of the Commissioner of R. S., §§ 2257

the General Land Office.

open to entry.

2288. R. S., §§ 22892317, 2464-2668. 1878, June 14, ch. 190.

In case of can

contestant to be notified.

SEC. 2. In all cases where any person has contested, paid the landcellation of entry, office fees, and procured the cancellation of any pre-emption, homestead, or timber-culture entry, he shall be notified by the register of the landoffice of the district in which such land is situated of such cancellation, and shall be allowed thirty days from date of such notice to enter said lands:

time to file home

Provided, That said register shall be entitled to a fee of one dollar for the giving of such notice, to be paid by the contestant, and not to be reported.

Settlers on pub- SEC. 3. That any settler who has settled, or who shall hereafter settle, lic lands allowed on any of the public lands of the United States, whether surveyed or stead applications. unsurveyed, with the intention of claiming the same under the homeR. S., §§ 2289- stead laws, shall be allowed the same time to file his homestead applica tion and perfect his original entry in the United States land-office as is now allowed to settlers under the pre-emption laws to put their claims on record, and his right shall relate back to the date of settlement, the same as if he settled under the pre-emption laws. [May 14, 1880.]

2317.

May 18, 1880.

21 Stat. L., 141.

Tolls not to be

Canal.

CHAPTER 95.

AN ACT TO ABOLISH ALL TOLLS AT THE LOUISVILLE AND PORTLAND CANAL.
Tolls not to be charged on Louisville and Portland
Canal.

Expenses; how paid.

Be it enacted, &c., That after the first day of July, eighteen hundred charged on Louis- and eighty, no tolls shall be charged or collected at the Louisville and ville and Portland Portland Canal, but the Secretary of War shall be authorized to draw Expenses; how his warrant from time to time upon the Secretary of the Treasury to paid. pay the actual expenses of operating and keeping said canal in repair. [May 18, 1880.]

R. S., § 5255.

1874, May 11, ch.

165, § 3.

16 Opin. Att'y

Gen., 557.

May 24, 1880.

21 Stat. L., 141.

CHAPTER 100.

AN ACT TO CREATE AN ADDITIONAL LAND DISTRICT IN THE STATE OF KANSAS.

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Be it enacted, &c.

Northern land

[SECTION 1], That all that portion of the northwestern land district district in Kansas. in the State of Kansas, lying and being situated west of the third guide R. S., 2256, 2d meridian west of the sixth principal meridian, be, and hereby is, constied., p. 409. tuted a new land district, to be called the northern land district. SEC. 2. That the President, by and with the advice and consent of the Senate, is hereby authorized to appoint a register and a receiver for R. S., §§ 2234- said district, who shall discharge like and similar duties, and receive the same amount of compensation allowed to other officers discharging like duties in the other land-offices of said State. [May 24, 1880.]

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AN ACT TO CONSTRUE AND DEFINE "AN ACT TO CEDE TO THE STATE OF OHIO THE
UNSOLD LANDS IN THE VIRGINIA MILITARY DISTRICT IN SAID STATE", API ROVED
FEBRUARY EIGHTEENTH, EIGHTEEN HUNDRED AND SEVENTY-ONE, AND FOR
OTHER PURPOSES.

SECTION

1. Act ceding to Ohio certain lands in Virginia
district defined as not including surveyed
lands, &c.

2. Surveys returned to land office by March 3,
1857, declared valid.

SECTION

3. Officers and soldiers of Virginia line have three years to perfect land title.

4. Grant to Ohio Agricultural and Mechanical College not interfered with.

Be it enacted, &c.

[SECTION 1], That the act ceding to the State of Ohio the lands remain- Act ceding to ing "unsurveyed and unsold" in the Virginia military district, in the Ohio certain lands State of Ohio, had no reference to lands which were included in any defined as not inin Virginia district survey or entry within said district founded upon military warrant or cluding surveyed warrants upon Continental establishment; and the true intent and lands, &c. meaning of said act was to cede to the State of Ohio only such lands 1871, ch. 56 (16 as were unappropriated, and not included in any survey or entry within Stat. L., 416). said district, which survey or entry was founded upon military warrant or warrants upon Continental establishment.

SEC. 2. That all legal surveys returned to the land office on or before Surveys returned March third, eighteen hundred and fifty-seven, on entries made on or to land office by before January first, eighteen hundred and fifty-two, and founded on un-clared valid. March 3, 1857, desatisfied Virginia military Continental warrants, are hereby declared valid.

land title.

SEC. 3. That the officers and soldiers of the Virginia line on Conti- Officers and solnental establishment, their heirs or assigns, entitled to bounty-lands, diers of Virginia which have, on or before January first, eighteen hundred and fifty-two, line to have three been entered within the tract reserved by Virginia, between the Little years to perfect Miami and Sciota Rivers, for satisfying the legal bounties to her officers and soldiers upon Continental establishment, shall be allowed three years from and after the passage of this act to make and return their surveys for record to the office of the principal surveyor of said district, and may file their plats and certificates, warrants, or certified copies of warrants, at the General Land Office, and receive patents for the same.

SEC. 4. This act shall not in any way affect or interfere with the title Grant to Ohio to any lands sold for a valuable consideration by the Ohio Agricultural Agricultural, &c.,

and Mechanical College, grantee, under the act of February eighteenth, fered with. College not inter

eighteen hundred and seventy-one. [May 27, 1880.]

1871, Feb. 18, ch. 56 (16 Stat. L., 416).

CHAPTER 106.

AN ACT TO AMEND AND RE-ENACT SECTIONS TWENTY-FIVE HUNDRED AND FIFTY-TWO
AND TWENTY-FIVE HUNDRED AND FIFTY-THREE OF THE REVISED STATUTES.

SECTION

1. Yorktown, Va., a port of entry, and East River and Cumberland ports of delivery.

2. Richmond, Va., a port of entry; what to include.

Be it enacted, &c.

SECTION

3. Collector, deputy collector, and surveyors
for.

[SECTION 1], That paragraph four of section twenty-five hundred and fifty-two of the Revised Statutes be, and the same is hereby, amended so that it shall read:

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Yorktown, Va., port of entry, and East River and Cumberland ports of delivery.

The district of Yorktown: To comprise all the waters and shores from the point forming the south shore of the mouth of the Rappahannock River, and from the mouth of York River to Cappahoosic, in which York- 4. town shall be the port of entry, and East River and Cumberland ports of delivery"

SEC. 2. And that paragraph seventh of section twenty-five hundred and fifty-two of the Revised Statutes be, and the same is hereby, a amended so that it shall read:

R. S., § 2552, par.

Richmond, Va., port of entry;

what to include. R. S., § 2552, par.

"The district of Richmond: To comprise all the waters and shores of 7. the James River, from its junction with the Appomattox River to the highest tide-waters of the James River, and all the waters and shores of the York River from Cappahoosic to its head, and the waters and shores of the Pamunkey and Mattaponi Rivers, to the highest tide-waters in said rivers, in which the port of entry shall extend from Richmond and Manchester to Bermuda Hundreds, and to West Point, at the head of York River."

SEC. 3. And that paragraph seventh of section twenty-five hundred and fifty-three of the Revised Statutes be, and the same is hereby, amended, so that it shall read:

collector, depusurveyors for.

ty collector, and

R.S, 2553, par.

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