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1874, June 16, ch. 285, § 1.
hundred and seventy-four, making appropriations for the support of the at eight cents a Army for the fiscal year ending June thirtieth, one thousand eight hundred and seventy-five, and for other purposes, as provides that only actual traveling expenses shall be allowed to any person holding employment or appointment under the United States while engaged on public business, as is applicable to officers of the Navy so engaged, is hereby repealed;
And the sum of eight cents per mile shall be allowed such officers while so engaged, in lieu of their actual expenses.
1875, March 3,
ch. 133, § 1, par. 1. 15 Opin. Att'yGen., 309.
14 Ct. Cl., 380.
be reduced to sev
And hereafter enlistments in the Navy shall cease until the number-enlisted men to of enlisted men is reduced to seven thousand five hundred: Provided, That section fourteen hundred and seventeen of the Revised Statutes shall be amended so as to read as follows:
(Rep.) ["SEC. 1417. The number of persons who may at one time be enlisted into the Navy of the United States, including seamen, ordinary seamen, landsmen, mechanics, firemen, coal-heavers, apprentices, and boys, shall not exceed seven thousand and five hundred."] (1)
[Par. 2.] And no increase of the force at any navy-yard shall be made at any time within sixty days next before any election to take place for President of the United States, or member of Congress, except when the Secretary of the Navy shall certify that the needs of the public service make such increase necessary at that time which certificate shall be im mediately published when made.
R. S., § 1417. Repeal and substitute, 1879, May 12, ch. 5.
Force at navyyards not to be in
creased within election, except, sixty days before &c.
R. S., § 1543, 1544.
[Par. 3.] And from and after the passage of this act, there shall be no Officers of Maappointments, except by promotion, to fill vacancies occurring in the list rine Corps to be of commissioned officers of the Marine Corps until the number of such reduced to seventy-five. officers shall have been reduced, by casualties or otherwise, to seventy-R. S., § 1596. five. [June 30, 1876.]
NOTE. (1) This amendment is incorporated into the second edition of the Revised Statutes in § 1417, but the whole is repealed and a substitute enacted by 1879, May 12, ch. 5.
AN ACT TO REPEAL SECTION TWO THOUSAND THREE HUNDRED AND THREE OF THE
July 4, 1876.
19 Stat. L., 73.
Public lands in
Be it enacted, &c., That section two thousand three hundred and three of the Revised Statutes of the United States, confining the disposal of Alabama, Missisthe public lands in the States of Alabama, Mississippi, Louisiana, Ar- Arkansas, and kansas, and Florida to the provisions of the homestead law, be, and the Florida to be dissame is hereby, repealed: (1)
Provided, That the repeal of said section shall not have the effect to impair the right, complete or inchoate, of any homestead settler, and no land occupied by such settler at the time this act shall take effect, shall be subject to entry, pre-emption, or sale:
posed of as other public lands are. R. S., § 2303.
-to be sold at
And provided, That the public lands affected by this act, shall be offered at public sale, as soon as practicable from time to time, and according to the provisions of existing law, and shall not be subject to public sale. private entry until they are so offered. [Became a law without approval of President July 4, 1876.]
NOTE. (1) This act is incorporated into § 2303 of the second edition of the Revised Statutes.
1877, Jan. 12, ch.
July 5, 1876.
19 Stat. L., 74.
AN ACT TO EXTEND THE TIME FOR FILING CLAIMS FOR ADDITIONAL BOUNTY UNDER
Time for filing claims for additional bounty extended to July, 1880, according to statute of 1866, printed in note.
Time for filing Be it enacted, &c., That the time for filing claims for additional bounty claims for addi- under the act of July twenty-eighth, eighteen hundred and sixty-six, (1) tional bounty ex- and which expired by limitation on the thirtieth day of January, eighteen tended to July 1, 1880. hundred and seventy-five, be, and the same is hereby, revived and ex1866, ch. 296, §§ tended until the first day of July, eighteen hundred and eighty; and 12-16 (14 Stat. L., that all claims for such bounty filed in the proper department after the 322). thirtieth day of January, eighteen hundred and seventy-five, and before the passage of this act, shall be, and the same are hereby declared to have been, filed in due time, and shall be considered and decided without refiling. [July 5, 1876.]
NOTE.-(1) By act of 1869, ch. 133, § 4 (15 Stat. L., 334), it was enacted that all claims for bounty under the provisions of the act of 1866, ch. 296 (14 Stat. L., 323), here referred to, should be void unless presented prior to December, 1869.
By act of 1870, ch. 253 (16 Stat. L., 254), the time for presenting claims was extended to January 13, 1871; by act of 1873, ch. 281 (17 Stat. L., 608), to January 13, 1874, and by act of 1874, ch. 303 (18 Stat. L., 79), to January 13, 1875.
The provisions of the act of 1866, ch. 296, extended by the above-mentioned acts and by this act, until July 1, 1880, are as follows:
SEC. 12. That each and every soldier who enlisted into the army of the United States, after the of $100 to certain sol- nineteenth day of April, eighteen hundred and sixty-one, for a period of not less than three years, and diers enlisted after having served the time of his enlistment has been honorably discharged, and who has received or who April 19, 1861, for three is entitled to receive from the United States under existing laws, a bounty of one hundred dollars and years, and to widows, no more, and any such soldier enlisted for not less than three years, who has been honorably discharged on account of wounds received in the line of duty, and the widow, minor children or parents in the order named, of any such soldier who died in the service of the United States or of disease or wounds contracted while in the service, and in the line of duty, shall be paid the additional bounty of one hundred dollars hereby authorized.
-and $100 to soldiers who enlisted after April 14, 1861, for two years, and to widows, &c.
Soldiers who have sold, assigned, loaned, &c., discharge papers, not entitled to boun
Accounts of soldiers
SEC. 13. That to each and every soldier who enlisted into the army of the United States, after the fourteenth day of April, eighteen hundred sixty-one, for a period of not less than two years and who is not included in the foregoing section, and has been honorably discharged after serving two years, and who has received or is entitled to receive from the United States, under existing laws, a bounty of one hundred dollars and no more, shall be paid an additional bounty of fifty dollars, and any such soldier enlisted for not less than two years who has been honorably discharged on account of wounds received in the line of duty, and the widow, minor children, or parents, in the order named, of any such soldier who died in the service of the United States, or of disease, or wounds contracted while in the service, and in the line of duty, shall be paid the additional bounty of fifty dollars hereby authorized. SEC. 14. That any soldier who shall have bartered, sold, assigned, transferred, loaned, exchanged, or given away his final discharge papers, or any interest in the bounty provided by this or any other act of Congress, shall not be entitled to receive any additional bounty whatever; and when application is made by any soldier for said bounty, he shall be required, under the pains and penalties of perjury, to make oath or affirmation of his identity, and that he has not so bartered, sold, assigned, transferred, exchanged, loaned, or given away either his discharge papers, or any interest in any bounty as aforesaid.
And no claim for such bounty shall be entertained by the paymaster-general, or other accounting or disbursing officer except upon receipt of the claimant's discharge papers, accompanied by the statement under oath, as by this section provided.
SEC. 15. That in the payment of the additional bounty herein provided for, it shall be the duty of for additional bounty to the paymaster-general, under such rules and regulations as may be prescribed by the Secretary of be examined and paid War, to cause to be examined the accounts of each and every soldier who makes application therefor, by Paymaster-General. and if found entitled thereto shall pay said bounties.
In payment, &c., of SEC. 16. That in the reception, examination, settlement, and payment of claims for said additional claims of widows and bounty due the widows or heirs of deceased soldiers, the accounting officers of the Treasury shall be heirs, accounting offi- governed by the restrictions prescribed for the paymaster-general by the Secretary of War, and the cers to be governed by payment shall be made in like manner under the direction of the Secretary of the Treasury. restrictions prescribed
by Secretary of War,
July 5, 1876.
19 Stat. L., 74.
AN ACT TO AMEND SECTION TWELVE HUNDRED AND TWENTY-FIVE OF THE REVISED
STATUTES OF THE UNITED STATES. (1)
Officers of Army, not exceeding thirty, may be detailed as professors, &c., of colleges.
Officers of Army, Be it enacted, &c., That section twelve hundred and twenty five of the not exceeding Revised Statutes of the United States be so amended as to read, "But thirty, may be detailed' as profess- the number of officers so detailed shall not exceed thirty at any time," ors, &c., of col- instead of twenty, as in said section provided.(1) [July 5, 1876.] leges.
R. S., § 1225.
NOTE.-(1) This amendment has been incorporated into the section in the second edition of the Revised Statutes.
AN ACT PROVIDING FOR THE SALE OF THE KANSAS INDIAN LANDS IN KANSAS TO
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 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.
July 5, 1876. 19 Stat. L., 74.
[SECTION 1], That each bona fide settler on any of the trust lands embraced in said act, heretofore reported as such by the commissioners on Kansas Indian appointed to make said appraisement, and the rejected claimants as payment for lands. lands may make bona fide settlers, who were recommended as such by Andrew C. Will- 1880, March 16, iams, acting under instructions to superintendent Hoag, from the Indian ch. 39. 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-seven, and the remaining instalments payable annually from that time, and drawing interest at six per centum per annum until paid:
Provided, That where there is timber on any of the lands to be sold not to commit under the provisions of this act, the Secretary of the Interior shall re- waste on timber quire the purchaser to enter into bond, with approved security, that he till last payment. shall commit no waste on the timber, or otherwise on said land until the
last payment is made.
SEC. 2. That all the remainder of the trust-lands and of the undisposed portion of the diminished reserve shall be subject to entry at the local trust-lands subject land office at Topeka, Kansas, in tracts not exceeding one hundred and to entry by actual sixty acres, unless a legal subdivision of a section shall be fractional and found to contain a greater number of acres, only by actual settlers, under such rules and regulations as the Commissioner of the General Land Office may prescribe.
And the parties making such entries shall be required to make pay-payment for, ment of the appraised value of the land entered and occupied by each, how made.
in the following manner: One sixth at the time that the entry is made, and the remainder in five equal annual payments, drawing interest at
six per centum per annum, 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, bond against shall, in addition, compel the purchaser to enter into bond, with ap- committing waste. proved 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 patents to issue. be issued to all parties who shall complete purchases under the provisions of this act:
Failure to make
Provided, That if any person or persons applying to purchase land payment to work under the provisions of this act shall fail to make payment or to perforfeiture, &c. form any other conditions required by the provisions of this act, or by rules and regulations that may be prescribed in the execution hereof, within ninety days after such payment shall become due, or performance be required by the terms hereof, or by the rules and regulations which may be prescribed in the 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.
Secretary of Interior may cause new appraisement. 1880, March 16,
Testimony for settlers and pur chasers; how taken and for
Net proceeds of sales; how dis
1880, March 16, ch. 39, § 3.
Act subject to
SEC. 3. That the Secretary of the Interior shall inquire into the correctness of the appraisement of these lands; and if he be satisfied that they have been appraised at more than their present cash value, he may appoint a new commission of three persons to re-appraise the same; the per diem and expenses of which, at the rates heretofore paid to such commissioners, shall be deducted from the proceeds of said lands.
SEC. 4. That in preparing or giving their testimony, all settlers or purchasers of land under the provisions of this act may have such testimony taken, after due and legal notice to the opposing party in interest, before any notary public or person qualified to administer an oath, 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.
SEC. 5. That the net proceeds arising from such sales, after defraying the expenses of appraisement and sale, which have heretofore or may hereafter be incurred, and also the outstanding indebtedness, principal and interest, of said Kansas tribe of Indians, which has heretofore been incurred under treaty stipulations, shall belong to said tribe in common, and may be used by the Commissioner of Indian Affairs, under direc tion of the President of the United States, in providing and improving for them new homes in the Indian Territory, and in subsisting them until they become self-sustaining; 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:
Provided, That no proceedings shall be taken under this act until the assent of Kansas said Kansas Indians shall file their assent thereto with the Secretary of the Interior(1) [July 5, 1876.]
NOTE.-(1) On the 31st of May, 1877, the Kansas Indians agreed in council to the stipulations of this act upon condition that the three appraisers to be appointed should be nominated respectively by the Commissioner of Indian Affairs, the superintendent of the Central superintendency, and the agent for the Osages. This condition was acquiesced in by the Secretary of the Interior, and the appraisers were appointed accordingly.
July 8, 1876.
19 Stat. L., 76.
AN ACT AUTHORIZING THE NEBRASKA CITY BRIDGE COMPANY TO CONSTRUCT A PON-
[SECTION 1], That it shall be lawful for the Nebraska City Bridge transit and wagon Company, a corporation having authority from the State of Nebraska
and from the State of Iowa, its successors and assigns, to build, main- bridge at Nebraska tain, and operate a ponton railway-transit and wagon-bridge across the City may be constructed by bridge Missouri River at Nebraska City, in the county of Otoe, and State of company. Nebraska ;
And said company, its successors or assigns, shall keep up or maintain a suitable ponton-draw of not less than three hundred feet in length; and that said draw shall be opened promptly, upon reasonable signal, for the passage of boats or rafts; but in no case shall unreasonable delay occur in the opening of said draw before or after the passage of trains;
- Draw in.
And the company, corporation, or individuals having the charge or Lights upon. control of said bridge shall, for the security of navigation, maintain, from sunset to sunrise, throughout the year, such lights on said bridge as may be required by the Light-House Board.
SEC. 2. That all railway-companies desiring to use said ponton-bridge All railway comshall have, and be entitled to, equal rights and privileges in the use of panies may use the bridge. the same, and in the use of the machinery and fixtures thereof, and of all approaches thereto, under and upon such terms and conditions as shall be prescribed by the Secretary of War, upon hearing the allegations and proofs of the parties in case they shall not agree;
United States to
have right of way for postal service,
And the United States shall have the right of way for postal and telegraphic purposes across said bridge; and no greater charge shall be made for the transmission over the same of the mails, the troops, and &c. munitions of war of the United States than the rate per mile paid for the transportation over the railroads or public highways leading to said -bridge;
And in case of any litigation arising from any obstruction, or alleged Suits for obstrucobstruction, to the navigation of the said Missouri River, created by tion of river; the construction of said bridge under this act, the cause or question arising may be tried before the district or circuit court of the United States of any State wherein the obstruction exists.
SEC. 3. That the right to alter or amend this act so as to prevent or Act may be remove all material obstructions to the navigation of said Missouri amended, &c. River is hereby expressly reserved, without any liability to the Government for damages on account of the alteration or amendment of this act, or on account of the prevention or requiring the removal of any such obstructions;
And if any change be made in the plan of construction of said ponton-bridge, such change shall be subject to the approval of the Secre- when and how may tary of War; and any change in the construction or any alteration of said bridge that may be directed at any time by Congress or the Secretary of War shall be at the cost and expense of the owners thereof. Said bridge shall be constructed, as near as may be practicable, upon the line heretofore surveyed and established by the Nebraska City Bridge Company.
SEC. 4. That any bridge authorized to be constructed under this act Regulations for shall be built and located under and subject to such regulations for the security of navigasecurity of navigation of said river as the Secretary of War shall prescribe;
And to secure that object, the said company or corporation shall sub- Plans. mit to the Secretary of War, for his examination and approval, a design and drawings of the bridge, and a map of the location, giving, for the space of one mile above and one mile below the proposed location, the topography of the banks of the river, the shore-lines at high and low water, the direction and strength of the currents at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject; And until the said plan and location of the bridge are approved by the Secretary of War, the bridge shall not be built [July 8, 1876.]