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In criminal cases, the court, and not the jury, shall pronounce punishment under the limitation prescribed by law.

The grand jury must inquire into the case of every person impris oned within the district on a criminal charge and not indicted; into the condition and management of the public prisons within the district; and into the willful corrupt misconduct in office of public officers of every description within the district; and they are also entitled to free access, at all reasonable times, to the public prisons, and to the examination, without charge of all public records within the district.

Court and not jury to pronounce punishment.

Grand jury, duties and powers.

SEC. 5. That there shall be appointed by the governors of said Ter- Notaries public ritory one or more notaries public for each organized county, whose term to be appointed by of office shall be two years, and until their successors shall be appointed governor, &c. and qualified.

Approval of ter

The act of the legislative assembly of the Territory of Utah entitled "An act concerning notaries public" approved January seventeenth, ritorial act in part. eighteen hundred and sixty-six, is hereby approved, except the first section thereof, which is hereby disapproved: Provided, That wherever, in said act, the words "probate judge" or "clerk of the probate court" are used, the words "secretary of the Territory" shall be substituted

SEC. 6. That the supreme court of said Territory is hereby authorized Commissioners to appoint commissioners of said court, who shall have and exercise all to be appointed by the duties of commissioners of the circuit courts of the United States, Territory. supreme court of and to take acknowledgments of bail; and, in addition, they shall have R. S., §§ 629, 727, the same authority as examining and committing magistrates in all cases 728, 945, 1014, 1042, arising under the laws of said Territory as is now possessed by justices 1778, 1982-1987, 3462, 4079-4081, of the peace in said Territory 4546, 5270, 5271, 5296.

Territorial act

SEC. 7. That the act of the territorial legislature of the Territory of Utah entitled "An act in relation to marshals and attorneys," approved disapproved. March third, eighteen hundred and fifty-two, and all laws of said Territory inconsistent with the provisions of this act, are hereby disapproved.

The act of the Congress of the United States entitled (2) "An act to regulate the fees and costs to be allowed clerks, marshals, and attorneys of the circuit and district courts of the United States, and for other purposes," approved February twenty-sixth, eighteen hundred and fifty-three, is extended over and shall apply to the fees of like officers in said Territory of Utah.

Fees of clerks, marshals, and attorneys. R. S., §§ 823-856, 984, 1883.

But the district attorney shall not by fees and salary together receive District attormore than thirty-five hundred dollars per year; and all fees or moneys ney's salary limreceived by him above said amount shall be paid into the Treasury of ited.

the United States. [June 23, 1874.]

R. S., § 1881.

NOTE. (2) The act here referred to, 1853, ch. 80 (10 Stat. L., 161), is incorporated into Revised Statutes in the sections noted in the margin.

CHAPTER 471.

AN ACT PROVIDING FOR THE SALE OF THE KANSAS INDIAN LANDS IN KANSAS TO
ACTUAL SETTLERS, AND FOR THE DISPOSITION OF THE PROCEEDS OF THE SALE.

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18 Stat. L., 272.

Preamble.

1872, ch. 141 (17

Whereas, the Secretary of the Interior, in pursuance of an act approved May eighth, eighteen hundred and seventy-two has caused to be appraised the lands heretofore owned by the Kansas tribe of Indians, in the State of Stat. L., 85).

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Settlers on Kan

sas Indian trust

168.

1880, March 16,

Kansas, which by the terms of the treaty made by the United States and said Indians, and proclaimed November seventeenth, eighteen hundred and sixty, were to be sold for the benefit of said Indians; which appraisement also includes all improvements on the same, and the value of said improvements distinguishing between improvements made by members of said Indian tribe, the United States, and white settlers; and whereas the appraisement thus made was so high that neither settlers nor purchasers were able to pay the same, and the said land has remained unsold from the passage of the act, Therefore,

Be it enacted, &c.

[SECTION 1], That each bona fide settler on any of the trust-lands embraced in said act, heretofore reported as such by the commissioners lands may pay ap- appointed to make said appraisement, and the rejected claimants as praised value in instalments, &c. bona fide settlers, who were recommended as such by Andrew C. Will1876, July 5, ch. iams, acting under instructions to Superintendent Hoag, from the Indian Office, dated October twenty-fourth, eighteen hundred and seventy-two, be permitted to make payment of the appraised value of their lands to the local land office at Topeka, Kansas, under such rules as the Commissioner of the General Land Office may adopt, in six equal annual instalments; the first instalment payable on the first of January, eighteen hundred and seventy-five, and the remaining instalments payable annually from that time, and drawing interest at six per centum per annum until paid:

ch. 39.

Purchasers of

Provided, That where there is timber on any of the lands to be sold timber land to give under the provisions of this act, the Secretary of the Interior shall rebond not to com- quire the purchaser to enter into bond, with approved security, that he mit waste, and give notes to se- shall commit no waste on the timber, or otherwise, on said land until cure purchase the last payment is made, and give his notes to secure the purchase money thereof on the terms aforesaid.

money.

Remainder of SEC. 2. That all the remainder of the trust-lands and of the undisposed trust-lands, &c., portion of the diminished reserve shall be subject to entry at the local subject to entry. land office at Topeka, Kansas, in tracts not exceeding one hundred and 1880, March 16, ch. 39, § 2. sixty acres, unless a legal subdivision of a section shall be fractional and found to contain a greater number of acres, by actual settlers, under such rules and regulations as the Commissioner of the General Land Office may prescribe.

Payment of appraised value.

Purchasers of

And the parties making such entries shall be required to make payment of the appraised value of the land entered and occupied by each, in the following manner: One-fourth at the time that the entry is made, and the remainder in three equal annual payments, drawing interest at six per centum per annum, which payments shall be secured by notes payable to the United States, and the Secretary of the Interior, shall withhold title until the last payment is made;

And the Secretary of the Interior, where there is timber on the lands, timber-land to give shall, in addition, compel the purchaser to enter bond, with approved bond, &c. security, to commit no waste by the destruction of timber, or otherwise, on the premises, until final payment has been made; and the Secretary of the Interior shall cause patents in fee simple to be issued to all parties who shall complete purchases under the provisions of this act : Persons failing Provided, That if any person or persons applying to purchase land to make payment under the provisions of this act shall fail to make payment, or to perform to forfeit rights, and lands to be any other conditions required by the provisions of this act, or by rules again sold. and regulations that may be prescribed in the execution hereof, within 1880, March 16, ninety days after such payment shall become due, or performance be ch. 39, § 3. required by the terms hereof, or by the rules and regulations which may be prescribed in execution hereof, such person or persons shall forfeit all rights under the provisions of this act, and all claim or right to reimbursement or compensation for previous action or payment by said person or persons under the provisions hereof; and the land proposed to be purchased by such person or persons shall again be subject to sale, as though no action had been had in regard to the same:

And provided, That all of the lands not taken within twelve months Lands after one after the passage of this act may be sold in amounts not to exceed one year may be sold hundred and sixty acres to any one person, at the appraised price in the at appraisal. land district in which they are situated.

taken before nota

SEC. 3. That in preparing or giving their testimony, all settlers or Testimony of setpurchasers of land under the provisions of this act may have such tes- tlers and purtimony taken, after due and legal notice to the opposing party in inter- chasers may be est, before any notary public or person qualified to administer an oath, ries public, &c. and may forward such testimony with their application to the land offices or parties authorized to dispose of said lands, which testimony shall be received as if taken before the officers of such land office.

tribe in common;

SEC. 4. That the net proceeds arising from such sales, after defraying Net proceeds of the expenses of appraisement and sale, which have heretofore or may sales to belong to hereafter be incurred, and also the outstanding indebtedness, principal how held and used, and interest, of said Kansas tribe of Indians, which has heretofore been &c. incurred under treaty stipulations, shall belong to said tribe in common, and the residue not so required shall be placed to their credit on the books of the Treasury, and bear interest at the rate of five per centum, per annum and be held as a fund for their civilization, the interest of which and the principal, when deemed necessary by the President of the United States, may be used for such purpose. [June 23, 1874.]

CHAPTER 472.

AN ACT TO FURTHER PROVIDE FOR THE SALE OF CERTAIN INDIAN LANDS IN KANSAS

SECTION

1. Settlers on Miami Indian lands may make payment in three instalments.

Be it enacted, &c.

SECTION

2. Purchasers of New York Indian lands, Kan-
sas, may make payment in two instalments.
Act to apply only to actual settlers.

June 23, 1874.

18 Stat. L., 273.

Settlers on Mi

ami Indian lands may make payment in three in

[SECTION 1], That those persons who by the provisions of the second section of the act entitled "An act to abolish the tribal relations of the Miami Indians, and for other purposes," approved March third, eighteen hundred and seventy-three, are entitled to purchase, for cash, the stalments. land occupied by them at the appraised value thereof, be permitted to 1873, ch. 332 (17 make payment for said lands at the land office at Topeka, Kansas, under Stat. L., 631). such regulations as may be prescribed by the Secretary of the Interior, in three equal annual instalments; the first instalment to be payable on or before the thirtieth day of October, eighteen hundred and seventyfour, and the remaining two instalments annually thereafter, with interest at the rate of six per centum per annum, from the thirtieth day of October, eighteen hundred and seventy-four.

lands in Kansas

SEC. 2. That those persons who, by the provisions of the act entitled Purchasers of "An act to provide for the sale of certain New York Indian lands in New York Indian Kansas," approved February nineteenth, eighteen hundred and seventy may make paythree, are entitled to enter and purchase, for cash, the lands in said act ment in two anset forth, be permitted to make payment for the same at the land office nual instalments. at Independence, Kansas, under such regulations as the Secretary of 1873, ch. 167 (17 the Interior may prescribe, in two equal instalments; the first instal. Stat. L., 466). ment to be payable on or before the thirtieth day of September, eighteen hundred and seventy-five, and the remaining instalment within one year thereafter, with interest at the rate of six per centum per annum from said thirtieth day of September, eighteen hundred and seventyfive.

Provided, however, That this act shall only apply to actual settlers on the land so purchased. [June 23, 1874.]

Act to apply only to actual settlers.

June 23, 1874.

18 Stat. L., 275.

Bridge across Niagara River de

CHAPTER 475.

AN ACT TO DECLARE THE BRIDGE ACROSS THE NIAGARA RIVER, AUTHORIZED BY THE
ACT OF CONGRESS, APPROVED, JUNE THIRTIETH, EIGHTEEN HUNDRED AND SEV-
ENTY, A POST ROUTE.

Bridge across Niagara River declared a lawful structure and a post-route.

Be it enacted, &c., That the modifications in the plans of the bridge authorized by the act approved on the thirtieth day of June, eighteen clared a lawful structure and a hundred and seventy, as stated in the report of the board of engineers post-route. of the War Department, dated February seventh, eighteen hundred and 1870, ch. 176 (16 seventy-one are hereby approved; and said bridge as constructed is Stat. L., 173). hereby declared to be a lawful structure, and an established post-route R. S., vol. 2, Post- for the mail of the United States. [June 23, 1874.]

Roads, p. 1.

June 23, 1874.

18 Stat. L., 275.

Work on public buildings may be suspended by Sec

CHAPTER 476.

AN ACT TO AUTHORIZE THE SECRETARY OF THE TREASURY TO SUSPEND WORK UPON
THE PUBLIC BUILDINGS.

SECTION

1. Work on public buildings may be suspended
by Secretary of Treasury.

Unexpended balances available until comple-
tion

-to be covered into Treasury after comple-
tion.

Be it enacted, &c.

SECTION

2. Selection of sites for public buildings. commissioners for, to file certain affidavits before expenditure of money; and on failure selection void.

[SECTION 1], That the Secretary of the Treasury be, and he is hereby, authorized and directed to defer operations on any public buildings that retary of Treasury. are authorized by existing laws but not actually commenced, or to proceed with the same, as may, in his opinion, be for the best interests of the public service:

Unexpended balances available until completion.

to be covered

into Treasury after

completion.

Selection of sites

Provided That all moneys heretofore appropriated for the construction of public buildings and now remaining to the credit of the same on the books of the Treasury Department, or which may hereafter be appropriated for such buildings, shall remain available until the completion of the work for which they are, or may be, appropriated;

And upon the final completion of each or any of said buildings, and the payment of all outstanding liabilities therefor, the balance or balances remaining shall be immediately covered into the Treasury.

SEC. 2. That in the selection of a site for any public building not yet for public build- commenced, reference shall be had to the interest and convenience of ings. the public, as well as to the best interests of the Government; and the R. S., § 3734. 1875, March 3, Secretary of the Treasury shall have power, and it shall be his duty, to ch. 130, § 1, par. 14. set aside any selection which in his opinion has not been made solely with reference thereto.

- commissioners

No expenditure shall be made upon any building, a site for which has for, to file certain been selected, and work upon which has not been commenced, until affidavits before such of the persons who acted as commissioners in selecting such site expenditure of money, and on fail- shall make and file with the Secretary of the Treasury an oath or affirure selection void. mation that he is not at the time of making the affidavit, and was not at the date of making the selection of such site, directly or indirectly interested in the property selected for the same, and a similar affidavit shall be made and filed by each and every person hereafter appointed as such commissioner, before any site shall be finally adopted. In either case a failure on the part of any commissioner to make and file such an affidavit shall render the selection void. [June 23, 1874.]

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1. Standard power and purity of gas in District of Columbia, &c.

Penalty for supplying gas of less power, &c. 2. Inspector of gas and meters to be appointed; his salary and duties. Assistant inspector.

3. Laboratory for inspectors to be provided by Washington Gas-Light Company.

4. Companies and persons furnishing gas may be represented at each testing.

5. Inspection, record, and publication.

6. Bills to state power and be reduced if gas below standard.

7. Meters, how tested, &c.

Standard foot, &c.

Record of meters.

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SECTION

9. Companies to remove meters for test and re-
turn same.

10. Inspector and assistant to give bond and take
oath.

11. Price of gas.

Discount for prompt payment.

Advance or reduction of price according to
price of coal.

Gas-Light Company to furnish statement to
Secretary of Interior.

12. Gas to be furnished to District government
at same rates as to United States.

Rate for light, cleaning, and repair, &c., of
street-lamps.

13. Stoppage of gas for non-payment of bills and
restriction on removal of meters.

14. Act may be amended or repealed.
15. Penalty for fraudulently obtaining gas.
16. Price to be uniform to all consumers.

June 23, 1874.

18 Stat. L., 277.

Standard power

[SECTION 1], That from and after the thirtieth day of June, eighteen hundred and seventy-four, the illuminating power of the gas furnished and purity of gas by any gas-light company, person, or persons, in the District of Colum- in District of Columbia, &c. bia, shall be equal to sixteen candles by the Bunsen photometer, using the English parliamentary standard Argand-burner, having fifteen holes and a seven-inch chimney, consuming five cubic feet of gas per hour, and such gas shall not contain more than twenty grains of sulphur in any form in one hundred cublic feet, nor more than five grains of ammonia in any form in one hundred cubic feet.

Penalty for sup

When the illuminating gas supplied by any company, person, or persons in the District of Columbia, shall at any one time be of less illumi- plying gas of less nating power or of less purity than according to the standard just here- power, &c. tofore given, it shall be so reported by the inspector of gas and meters to the company, person, or persons supplying the same, who shall be subject to a penalty of one hundred dollars, to be recovered before the proper tribunal and paid into the treasury of the District of Columbia aforesaid, for each and every day during which such violation shall continue:

Provided, however, That if it shall appear that such deviation from the above-named standards could not have been prevented by ordinary care and prudence, but was occasioned by some unavoidable cause, then the said penalty shall not be enforced.

ary and duties.

SEC. 2. That a suitable and impartial person, competent as a chemist, Inspector of gas who is not a stockholder or employee in any gas-works, shall be ap- and meters to be pointed by the President of the United States, by and with the advice appointed; his saland consent of the Senate to be designated and known as inspector of gas and meters, whose compensation shall be a salary of two thousand dollars per annum, and whose duties shall be to test and determine the illuminating power and purity of the gas furnished by any company, person, or persons in the District of Columbia; and to test, prove, and seal all meters that may be hereafter used by them;

Assistant in

And that a suitable person, who shall be a gas-fitter by trade, shall be appointed by the President, as aforesaid, on the recommendation of spector. the inspector of gas and meters, as an assistant inspector, at a salary of one thousand dollars per annum, who shall assist in the duties speci

fied under the direction of the inspector of gas and meters.

SEC. 3. That a laboratory shall be provided and fitted up by the Laboratory for Washington Gas-Light Company, subject to the approval of the in- inspectors to be spector, in the central part of the city of Washington, at a distance as provided by Washington Gas-Light near as may be, of two thousand feet from any gas works, and furnished Company. with suitable apparatus for the transaction of the business of the inspector and assistant inspector, for which it is intended, and the laboratory shall be kept open on all business-days between the hours of eight o'clock in the forenoon and five o'clock in the afternoon:

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