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And said Secretary shall cause fifteen thousand copies of the same to vised Statutes to be printed and bound at the Government Printing Office, under the be printed. Res. 1878, No. 22, supervision of said commissioner, at the expense of the United States, and without unnecessary delay.

p. 387.

Compensation of commissioner.

SEC. 5. That said commissioner shall receive, as full compensation for all services above required to be performed by him, the sum of five thousand dollars. [March 2, 1877.]

CHAPTER 83.

March 2, 1877.

19 Stat. L., 269.

Antietam ceme

AN ACT FOR THE RELIEF OF THE BOARD OF TRUSTEES OF THE ANTIETAM NATIONAL
CEMETERY

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It shall be the duty of the Secretary of War to hereafter provide for tery to be under the preservation and superintendence of the said cemetery as one of care of Secretary of War. the national cemeteries of the United States under the laws now in force R. S., §§ 4870- in regard to such national cemeteries. [March 2, 1877.] 4882.

CHAPTER 100.

March 3, 1877. 19 Stat. L., 270.

AN ACT TO REPEAL THE STATUTE FORBIDDING APPOINTMENTS AND PROMOTIONS IN
THE STAFF OF THE ARMY.

Repeal of law to suspend promotion, &c., in staff corps of Army.

Repeal of law to Be it enacted, &c., That section eleven hundred and ninety-four of the suspend promo- Revised Statutes, now applying only to grades in the Pay Department tion, &c., in staff of the Army above the rank of major, is hereby repealed. [March 3, corps of Army. R. S., § 1194.

1877.]

CHAPTER 101.

March 3, 1877.

19 Stat. L., 291.

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 SEVENTY-EIGHT, AND FOR OTHER PURPOSES.

Wagon transportation may be performed by Indian
labor, and storehouses hired by Commissioner.

Be it enacted, &c.

[SECTION 1.]

Contracts of more than $2,000 to be advertised for.

Wagon transporWhenever practicable wagon transportation may be performed by tation may be per- Indian labor; and whenever it is so performed the Commissioner of formed by Indian Indian Affairs is hereby authorized to hire a storehouse at any railroad labor, and store- whenever necessary, and to employ a storekeeper therefor, and to furhouses hired by Commissioner. nish in advance the Indians who will do the transportation with wagons and harness, all the expenses incurred under this provision, to be paid out of this appropriation:

Contracts of

Provided, That hereafter contracts involving an expenditure of more more than $2,000 than two thousand dollars shall be advertised and let to the lowest reto be advertised sponsible bidder.

for, &c.

R. S., § 2083.

1875, March 3, [March 3, 1877.]

ch. 132, § 7.

1876, Aug. 15, ch. 289, 0 1, par. 2.

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AN ACT MAKING APPROPRIATIONS FOR THE LEGISLATIVE, EXECUTIVE, AND JUDICIAL
EXPENSES OF THE GOVERNMENT FOR THE YEAR ENDING JUNE THIRTIETH EIGHT-
EEN HUNDRED AND SEVENTY EIGHT AND FOR OTHER PURPOSES.

SECTION 1.

SECTION 1.

Par. 1. Records of regimental, &c., courts-martial; where to be filed, and when may be destroyed.

Par. 2. Public lands in States where no land offi-
ces; entry where and how made.
Money received for cash entries to be cov-
ered into Treasury.

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Be it enacted, &c.

[SECTION 1.]

Records of regi

[Par. 1.] That hereafter the records of the regimental, garrison, and field officers and courts-martial shall after having been acted upon, be mental, &c.; courts martial, retained and filed in the Judge Advocate's office at the Headquarters where to be filed, of the Department Commander in whose department the courts were and when may be held for two years, at the end of which time they may be destroyed.

destroyed.
R. S., § 1342, art.
113, 2d ed., p. 240.
Public lands in
States where

no

[Par. 2.] (1) That public lands situated in States in which there are no land offices may be entered at the General Land Office, subject to the land-offices; entry provisions of law touching the entry of public lands; and that the where and how necessary proofs and affidavits required in such cases may be made be- made. fore some officer competent to administer oaths, whose official character shall be duly certified by the clerk of a court of record;

Money received for cash entries to

And moneys received by the Commissioner of the General Land Office for lands entered by cash entry shall be covered into the Treasury. (1) be covered into

[March 3, 1877.]

*

NOTE.-(1) This provision is repeated in act of 1878, ch. 329, § 2 (20 Stat. L., 201).

Treasury.

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SEC. 2. That from and after the passage of this act the bonds of all postmasters may by the direction of the Postmaster General be approved and accepted, and the approval and acceptance signed by the First Assistant Postmaster General in the name of the Postmaster General;

And all contracts for stationery, wrapping paper, letter-balances, scales, and street letter-boxes, for the use of the postal service may be signed in like manner by the First Assistant Postmaster General in the place and stead of the Postmaster General, and his signature shall be attested by the seal of the Post-Office Department.

SEC. 3. That the Second Assistant Postmaster General on the order of the Postmaster General may sign with his name, in the place and stead of the Postmaster General, and attest his signature by the seal of the Post-Office Department, all contracts made in the said Department for mail transportation and for supplies of mail-bags, mail-catchers, mail-locks, and keys and all other articles necessary and incidental to mail-transportation

March 3, 1877.

19 Stat. L., 335.

First Assistant Postmaster-General may approve postmasters'

bonds.

R. S., § 3834.

may sign contracts for station

ery, &c.
R. S., § 396.

Second Assistant

may sign contracts

for mail transpor-
tation, &c.
R. S., § 389.

Third Assistant SEC. 4. That the Third Assistant Postmaster General, when directed may sign contracts by the Postmaster General, may also sign, in his name, in the place and for postage stamps, &c. stead of the Postmaster General, and attest his signature by the seal of R. S., 389,3914. the Post Office Department, all contracts for supplies of postage-stamps, stamped envelopes, newspaper-wrappers, postal-cards, registered-package envelopes, locks, seals, and official envelopes for the use of postmasters, and return of dead letters, that may be required for the postal service.

Letters, packages, &c., on gov

ernment business may be sent by mail free, &c.

R. S., § 3896

3913.

SEC. 5. That it shall be lawful to transmit through the mail, free of postage, any letters, packages, or other matters relating exclusively to the business of the Government of the United States:

Provided, That every such letter or package to entitle it to pass free shall bear over the words "Official business" an endorsement showing also the name of the Department, and, if from a bureau or office, the names of the Department and bureau or office, as the case may be, whence 1879, March 3, transmitted.

1875, March 3, ch. 128, § 3.

ch. 180, 29. 15 Opin. Att'y-Gen., 262. 16 Opin. Att'y-Gen., 455.
Penalty for using
official envelopes
for private busi

ness.

Official envelopes to be pro

vided.

And if any person shall make use of any such official envelope 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 misdemeanor, and subject to a fine of three hundred dollars, to be prosecuted in any court of competent jurisdiction.

SEC. 6. That for the purpose of carrying this act into effect, it shall be the duty of each of the Executive Departments of the United States to provide for itself and its subordinate offices the necessary envelopes: R. S., § 3915. 1879, March 3, and in addition to the endorsement designating the Department in which they are to be used, the penalty for the unlawful use of these envelopes 15 Opin. Att'y- shall be stated thereon.

ch. 180, § 29.

Gen., 262.

16 Opin. Att'y

Gen., 455.

Members of Con- SEC. 7. That Senators, Representatives, and Delegates in Congress, gress, Secretary of the Secretary of the Senate, and Clerk of the House of Representatives, Senate, and Clerk of House may send may send and receive through the mail, all public documents printed by by mail public doc- order of Congress: and the name of each Senator, Representative, Deleuments free. gate, Secretary of the Senate, and Clerk of the House shall be written R. S., § 3896- thereon, with the proper designation of the office he holds: and the 1874, June 23, ch. provisions of this section shall apply to each of the persons named therein until the first day of December following the expiration of their

3913.

456, § 13.

1875, March 3, respective terms of office.

ch. 128, § 3.

3.

1877, Dec. 15, ch. [March 3, 1877.]

1879, March 3,

ch.180, $ 1, par. 4.

16 Opin. Att'y

Gen., 271.

March 3, 1877.

19 Stat. L., 344.

CHAPTER 105.

GOVERN

AN ACT MAKING APPROPRIATIONS FOR SUNDRY CIVIL EXPENSES OF THE
MENT FOR THE FISCAL YEAR ENDING JUNE THIRTIETH, EIGHTEEN HUNDRED AND
SEVENTY EIGHT, AND FOR OTHER PURPOSES.

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Cost of printing [Par. 1.] There shall be taxed against the losing party in each and records in Supreme every cause pending in the Supreme Court of the United States or in Court and Court of the Court of Claims of the United States, the cost of printing the record Claims to be paid by parties, &c. in such case, which shall be collected, except when the judgment is R. S., § 677, against the United States, by the clerks of said courts respectively, and paid into the Treasury of the United States; but this shall only apply to records printed after the first of October next.

1053.

96 U. S., 594.

[Par. 2.] One half of the expense of the indigent persons who may be District Columhereafter admitted [to the government hospital for the insane] from the bia to pay half exDistrict of Columbia shall be paid from the treasury of said District pense of indigent Provided, That hereafter such indigent persons shall be admitted only to hospital. upon order of the executive authority of the said District.

[Par. 3.] Hereafter the subject of ventilation and heating the House of Representatives be placed under the direction of the Architect of the Capitol.

[March 3, 1877.]

insane committed

R. S., § 48384858.

1879, ch. 182. Architect of Capitol to have direc

tion of ventilation and heating

House.

R. S., § 1816. 1878, June 19, ch. 329, par. 2.

CHAPTER 106.

AN ACT MAKING APPROPRIATIONS TO SUPPLY DEFICIENCIES IN THE APPROPRIATIONS
FOR THE FISCAL YEAR ENDING JUNE THIRTIETH, EIGHTEEN HUNDRED AND SEV-
ENTY-SEVEN, AND PRIOR YEARS, AND FOR OTHER PURPOSES.

Contracts for rent of buildings in District of Columbia not to be made without previous appropriation, &c.
Be it enacted, &c.

*

March 3, 1877.

19 Stat. L., 370.

bia not to be made

Hereafter no contract shall be made for the rent of any building, or Contracts for part of any building, to be used for the purposes of the Government in rent of buildings the District of Columbia, until an appropriation therefor shall have been in District Colummade in terms by Congress, and that this clause be regarded as notice without previous to all contractors or lessors of any such building or any part of building. appropriation, &c. R. S., §§ 3679, 3732. [March 3, 1877.]

*

CHAPTER 107.

*

AN ACT TO PROVIDE FOR THE SALE OF DESERT LANDS IN CERTAIN STATES AND TEK

1874, June 22, ch.

388.

1880, June 15, ch. 225, par. 3.

15 Opin. Att'y

Gen., 274.

March 3, 1877.

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Patent; when to issue.

Be it enacted, &c.

lands.

[SECTION 1], That it shall be lawful for any citizen of the United Citizens may reStates, or any person of requisite age "who may be entitled to become claim and pura citizen, and who has filed his declaration to become such" and upon chase any desert payment of twenty five cents per acre-to file a declaration under oath R. S., § 2353with the register and the receiver of the land district in which any desert 2379. land is situated, that he intends to reclaim a tract of desert land not 1875, March 3, exceeding one section, by conducting water upon the same, within the ch. 160. period of three years thereafter,

Provided however that the right to the use of water by the person so - right to use waconducting the same, on or to any tract of desert land of six hundred ter therefor. and forty acres shall depend upon bona fide prior appropriation: and such right shall not exceed the amount of water actually appropriated, and necessarily used for the purpose of irrigation and reclamation: and all surplus water over and above such actual appropriation and use, together with the water of all, lakes, rivers and other sources of water supply upon the public lands and not navigable, shall remain and be held free for the appropriation and use of the public for irrigation, mining and manufacturing purposes subject to existing rights.

Contents of declaration.

Patent; when to issue.

Limit to quantity of land purchas

able.

Desert lands de

fined.

sioner to determine

Said declaration shall describe particularly said section of land if sur veyed, and, if unsurveyed, shall describe the same as nearly as possible without a survey.

At any time within the period of three years after filing said declaration, upon making satisfactory proof to the register and receiver of the reclamation of said tract of land in the manner aforesaid, and upon the payment to the receiver of the additional sum of one dollar per acre for a tract of land not exceeding six hundred and forty acres to any one person, a patent for the same shall be issued to him.

Provided, that no person shall be permitted to enter more than one tract of land and not to exceed six hundred and forty acres which shall be in compact form.

SEC. 2. That all lands exclusive of timber lands and mineral lands which will not, without irrigation, produce some agricultural crop, shall be deemed desert lands, within the meaning of this act, which fact shall be ascertained by proof of two or more credible witnesses under oath, whose affidavits shall be filed in the land office in which said tract of land may be situated

Act to apply only SEC. 3. That this act shall only apply to and take effect in the States in certain States, of California, Oregon and Nevada, and the Territories of Washington, &c., and Commis- Idaho, Montana, Utah, Wyoming Arizona, New Mexico and Dakota, what are desert and the determination of what may be considered desert land shall be subject to the decision and regulation of the Commissioner of the General Land Office. [March 3, 1877.]

lands.

March 3, 1877.

19 Stat. L., 377.

Hot Springs, Ark.; receivership abolished.

1870, ch. 126 (16

Stat. L., 149).
10 Ct. Cls., 289.
92 U. S., 698.

CHAPTER 108.

AN ACT IN RELATION TO THE HOT SPRINGS RESERVATION IN THE STATE OF ARKANSAS.

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[SECTION 1], That so much of section five of an act of June eleventh, eighteen hundred and seventy, in relation to the Hot Springs reservation of Arkansas, as provides for the appointment of a receiver by the court, be, and the same is hereby, repealed:

Provided, That nothing in this section shall be construed to affect the right of the United States to collect and receive rents already due. Commissioners SEC. 2. That it shall be the duty of the President of the United States to lay out reservaupon the passage of this act, to appoint three discreet, competent, and tion. 1878, Dec. 16, ch. disinterested persons, who shall constitute a board of commissioners, any two of whom shall constitute a quorum, who are hereby authorized 1880, June 16, ch. to perform and discharge the duties specified by this act, and for that

5.

246.

purpose shall meet at Hot Springs, in the State of Arkansas, within thirty days after their appointment, and shall, before entering upon the discharge of their duties, subscribe to the usual oath for civil officers, and shall, at their first meeting, organize by the election of one of their number as chairman of the board, having given ten days' notice of the time and place of meeting in some daily paper published at Hot Springs, which notice shall be continued during the entire session of said board

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