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of commissioners, and all the evidence herein provided to be taken by said board shall be taken at Hot Springs.

Manner of lay

SEC. 3. That it shall be the duty of said commissioners, after examination of the topography of the reservation, to lay out into convenient ing out. squares, blocks, lots, avenues, streets, and alleys, the lines of which shall correspond with the existing boundary lines of occupants of said reservation as near as may be consistent with the interests of the United States, the following-described lands, to wit:

The south half of section twenty eight, the south half of section twenty-nine, all of sections thirty-two and thirty three, in township two south and range nineteen west; and the north half of section four, the north half of section five, in township three south and range nineteen west, situate in the county of Garland, and State of Arkansas, and known as the Hot Springs reservation.

Land including

be reserved and

SEC. 4. That before making any subdivision of said lands, as described in the preceding section, it shall be the duty of said board of commis- certain springs to sioners, under the direction and subject to the approval of the Secretary put in charge of a of the Interior, to designate a tract of land included in one boundary, superintendent. sufficient in extent to include, and which shall include all the hot or 1878, Dec. 16, ch. warm springs situate on the lands aforesaid, to embrace, as near as may be, what is known as Hot Springs Mountain, and the same is hereby reserved from sale, and shall remain under the charge of a superintendent, to be appointed by the Secretary of the Interior:

Provided, however, That nothing in this section shall prevent the Secretary of the Interior from fixing a special tax on water taken from said springs, sufficient to pay for the protection and necessary improvement

of the same.

SEC. 5. That it shall be the duty of said commissioners to show by metes and bounds on the map herein provided for, the parcels or tracts of lands claimed by reason of improvements made thereon or occupied by each and every such claimant and occupant on said reservation; to hear any and all proof offered by such claimants and occupants and the United States in respect to said lands and in respect to the improvements thereon; and to finally determine the right of each claimant or occupant to purchase the same, or any portion thereof, at the appraised value, which shall be fixed by said commissioners:

5.

Tax on water

taken from springs. 1878, June 20, ch. 359, par. 15.

5.

1878, Dec. 16, ch.

Duty of commis

sioners.

Claims to be filed

Provided, however, That such claimants and occupants shall file their claims, under the provisions of this act, before said commissioners within within six months. six calendar months after the first sitting of the said board of commissioners, or their claims shall be forever barred;

And no claim shall be considered which has accrued since the twenty fourth day of April, eighteen hundred and seventy-six

Commissioners

tendance of wit

nesses.

SEC. 6. That the said commissioners shall have power to compel the attendance of witnesses and the production of papers touching the oc- may compel atcupancy or improvements of or on said lands, or any other matter in any wise belonging or appertaining either to the said lands or the improvements thereon; shall have power to examine under oath all witnesses that may come before them, and all testimony shall be reduced to writing, and preserved as hereinafter provided.

SEC. 7. That said commissioners shall have power to remove, or cause to be removed, all buildings or obstructions upon the said Hot Springs reservation when the same may be necessary to carry out the provisions of this act, as also all obstructions to streets, alleys or roads, to be laid off, straightened or widened as herein provided for.

- may remove obstructions.

-

&c.

SEC. 8. That the commissioners shall have power to straighten or may straighten widen any of the present streets or alleys in the town of Hot Springs, or widen streets, and to lay off such additional streets, alleys, and roads in said Hot Springs reservation, or in the town, before the sale or disposition of any of the property herein mentioned, as the convenience of the public and the interest of the United States may require, and for that purpose may condemn all buildings that they may find necessary to condemn in order

Commissioners to make report.

-to issue certifi

to straighten or widen said streets and alleys, or to lay off new streets, alleys, and roads, and also all buildings or improvement on the reservation herein made, and to fix the value on all property thus condemned. SEC. 9. That it shall be the duty of said commissioners, without delay, to file in the office of the Secretary of the Interior, the map and survey herein provided for, with the boundary-lines of each claim clearly marked thereon, and with each division and subdivision traced and numbered, accompanied by a schedule, showing the name of each claimant, and of each lot or parcel of land, the appraised value thereof, numbers to correspond with such claim upon the map; also all of the evidence taken by them respecting the claimants' possessory right of occupation to any portion of the Hot Springs reservation and their findings in each case; also their appraisal of each tract or parcel of land, and the improvements thereon;

And it shall be the duty of said commissioners to issue a certificate cates to claimants. to each claimant, setting forth the amount of land the holder is entitled to purchase, and the valuation fixed thereon, and also showing the character and the valuation fixed upon the improvements of said tract or parcel of land, and to issue a certificate or certificates to all persons whose improvements are condemned, as herein provided, showing the value of said improvements.

Lands may be entered and pat

ented.

1880, Jan. 14, res. No. 4.

Public notice.

Occupants may

lands.

SEC. 10. That it shall be the duty of the Secretary of the Interior, within thirty days (1) after said commissioners file said report and map in his office, to instruct the United States land-officers of Little Rock (Arkansas) land district to allow said lands to be entered as hereinafter provided, and to cause a patent to issue therefor;

And it shall be the duty of the land officers authorized to sell said lands to give twenty days public notice in the Little Rock and Hot Springs newspapers that said lands are subject to entry in accordance with the provisions of this act.

SEC. 11. That any claimant or occupant, his heirs or legal represententer and pay for atives, in whose favor said commissioners have adjudicated, shall, under such rules and regulations as the Secretary of the Interior may prescribe, have the sole right to enter and pay for, at the price fixed by said commissioners, the amount of land the commissioners had adjudged that they were entitled to purchase, at any time within twelve months next after the land-officers give the public notice herein required.

246.

On failure of oc- SEC. 12. That upon the failure of any claimant or occupant in whose cupant to purchase favor the commissioners have adjudged to pay the valuation fixed upon property to be sold. said land within the time and in the manner herein prescribed, then 1880, June 16, ch. said lands, together with all other lands that no one has an adjudicated right to purchase under this act, shall be sold, by direction of the Secretary of the Interior, to the highest bidder at public sale for not less than the appraised value thereof at the land office at Little Rock, after notice of such sale has been advertised three months in some newspaper in the town of Hot Springs and in such other papers as he may designate, said lands and improvements to be sold together;

Occupants may

remove ments.

And the proceeds arising from the sale thereof shall be paid to the receiver of public moneys at the land-office in Little Rock, Arkansas.

SEC. 13. That any claimant or occupant who does not desire to purimprove chase the lands adjudicated to him or her at the valuation fixed by said commissioners shall have the right to remove any improvements made on said land, at his or her own cost, before the time fixed for the payment for said lands.

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SEC. 14. That the money arising from the sale of the lands shall be paid into the Treasury in the same manner as other moneys arising from the sale of public lands, and held for the purpose herein specified and at the further disposal of Congress;

And the money arising from water-rents shall be under the control of the Secretary of the Interior, and expended by him for the purposes herein before stated, an account of which shall be annually rendered to NOTE. (1) This time is extended sixty days from January 14, 1880, by resolution of that date, No. 4.

Congress, showing the amount received, the amount expended, and the amount remaining on hand at the end of each fiscal year.

cute

processes.

SEC. 15. That the United States marshal for the judicial district of Marshal to exeArkansas, in which the Hot Springs may be situated shall execute all processes required to be executed by this act.

Term of office of

15 Opin. Att'y

SEC. 16. That said commissioners shall hold their offices for the period of one year from the date of appointment, and shall have power to commissioners, &c. employ competent engineers to make the maps and surveys herein Gen., 430. provided for, at a reasonable compensation; to employ a stenographer, who shall also act as clerk, at a compensation of not more than eight dollars per day, to rent an office and purchase the necessary stationery; And the compensation of said commissioners shall be ten dollars per day each, all of which shall be paid by the Secretary of the Interior upon the certified vouchers of said commissioners.

to have right of

SEC. 17. That the right of way be and the same is hereby, granted Hot Springs to the Hot Springs Railroad Company, a company duly incorporated Railroad Company and organized under the laws of the State of Arkansas, to construct, way. maintain, and operate its line of railroad upon, over, and across the Hot Springs reservation in the State of Arkansas, as follows: Commencing on the east line of the south half of section thirty three, route of. in township two south of the base line, in range nineteen west of the fifth principal meridian, in the county of Garland, and State of Arkansas, at a point about six hundred feet from the southeast corner of said section; thence running up a ravine parallel to and south of the Benton wagonroad, westwardly through said section, to a point where the same will intersect with the Malvern stage-road at a point south of the grave-yard on said reservation.

SEC. 18. The right of way hereby granted shall consist of a strip of land fifty feet wide on each side of said railroad, measured from the to. centre line thereof, from the point on the east line of said section of land where said railroad enters the same to the terminus of the track of said road:

Provided, That said railway company may purchase upon the same terms as individuals land for shops, depots, and other purposes, not exceeding twenty acres:

Provided, however, That Congress may at any time alter, amend, or repeal this section.

SEC. 19. That a suitable tract of land, not exceeding five acres shall be laid off by said commissioners, and the same is hereby granted to the county of Garland in the State of Arkansas as a site for the public building of said county:

Provided, That the tract of land hereby granted shall not be taken from the land reserved herein for the use of the United States. [March 3, 1877.]

width of grant

may purchase land for shops, &c.

Congress may alter this section. Land for public buildings granted to Garland County.

Proviso.

CHAPTER 109.

AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF THE MILITARY ACADEMY FOR
THE FISCAL YEAR ENDING JUNE THIRTIETH, EIGHTEEN HUNDRED and SEVENTY-
EIGHT, AND FOR OTHER PURPOSES.

SECTION

1. Board of visitors to Military Academy; how paid.

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

*

SECTION

2. Band; of what to consist.
3.- pay of.

March 3, 1877.

19 Stat. L., 382.

Board of visitors

That the expenses allowed by section thirteen hundred and twentynine of the Revised Statutes shall be paid as follows: each member of the to Military Acadboard of visitors shall receive not exceeding eight cents per mile for each emy; how paid. R. S., § 1329. mile traveled by the most direct route from his residence to West Point

1878, June 11, ch. and return, and shall in addition receive five dollars per day for expenses 181, § 1. during each day of his service at West Point.

Band; of what to consist.

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SEC. 2. That the Military Academy band shall consist of one teacher of music, who shall be leader of the band, for the fiscal year ending R. S., § 1111, June thirtieth, eighteen hundred and seventy-eight, and may be a civil1875, March 3, ian, and of twenty-four enlisted musicians of the band.

1278.

ch. 131, § 9.

-pay of

SEC. 3. That the teacher of music shall receive ninety dollars per R. S., § 1111, the Army; month, one ration, and the allowance of fuel of a second lieutenant of

1278.

1875, March 3, ch. 131, § 9.

And that of the enlisted musicians of the band six shall each be paid thirty-four dollars per month;

Six shall each be paid twenty dollars per month;

And the remaining twelve shall each be paid seventeen dollars per month;

And that the enlisted musicians of the band shall have the benefits as to pay arising from re-enlistments and length of service applicable to other enlisted men of the Army. [March 3, 1877.]

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CHAPTER 111.

AN ACT MAKING APPROPRIATIONS FOR THE NAVAL SERVICE FOR THE YEAR ENDING
JUNE THIRTIETH, EIGHTEEN HUNDRED AND SEVENTY-EIGHT AND FOR OTHER PUR-
POSES.

Be it enacted, &c.

*

Cadet-midshipmen's pay while at sea.

That cadet-midshipmen, during such period of their course of instruction as they shall be at sea in other than practice ships, shall each receive as annual pay not exceeding nine hundred and fifty dollars.

[March 3, 1877.]

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site.

CHAPTER 113.

AN ACT RESPECTING THE LIMITS OF RESERVATIONS FOR TOWN-SITES UPON THE PUB

SECTION

LIC DOMAIN

1. Quantity of land excluded from pre-emption
for town-sites.

2. Certain entries in town-sites confirmed.
Restricted rights of entry not affected.

3. Where town-site exceeds maximum; proceed-
ings to be had.

Be it enacted, &c.

SECTION

Copies of acts incorporating towns to be furnished by secretaries of Territories.

4. Towns with less than maximum may make additional entries.

Quantity of land [SECTION 1], That the existence or incorporation of any town upon excluded from pre- the public lands of the United States shall not be held to exclude from emption for town- pre-emption or homestead entry a greater quantity than twenty-five R. S., §§ 2380- hundred and sixty acres of land, or the maximum area which may be entered as a town-site under existing laws, unless the entire tract claimed or incorporated as such town-site shall, including and in excess of the area above specified, be actually settled upon, inhabited, improved, and used for business and municipal purposes.

2394.

Certain entries

SEC. 2. That where entries have been heretofore allowed upon lands in town-sites con- afterward ascertained to have been embraced in the corporate limits of firmed. any town, but which entries are or shall be shown, to the satisfaction of the Commissioner of the General Land-Office, to include only vacant unoccupied lands of the United States, not settled upon or used for municipal purposes, nor devoted to any public use of such town, said entries, if

regular in all respects, are hereby confirmed and may be carried into patent:

fected.

R. S., § 2389.

Where town-site

Provided, That this confirmation shall not operate to restrict the entry Restricted rights of any town site to a smaller area than the maximum quantity of land of entry not afwhich, by reason of present population, it may be entitled to enter under section twenty-three hundred and eighty-nine of the Revised Statutes. SEC. 3. That whenever the corporate limits of any town upon the public domain are shown or alleged to include lands in excess of the exceeds maximum; maximum area specified in section one of this act, the Commissioner of proceedings to be the General Land Office may require the authorities of such town, and it shall be lawful for them, to elect what portion of said lands, in com pact form and embracing the actual site of the municipal occupation and improvement, shall be withheld from pre-emption and homestead entry; and thereafter the residue of such lands shall be open to disposal under the homestead and pre-emption laws.

And upon default of said town authorities to make such selection within sixty days after notification by the Commissioner, he may direct testimony respecting the actual location and extent of said improvements, to be taken by the register and receiver of the district in which such town may be situated; and, upon receipt of the same, he may determine and set off the proper site according to section one of this act, and declare the remaining lands open to settlement and entry under the homestead and pre-emption laws;

had.

secretaries of Ter

And it shall be the duty of the secretary of each of the Territories of Copies of acts inthe United States to furnish the surveyor-general of the Territory for corporating towns the use of the United States a copy duly certified of every act of the to be furnished by legislature of the Territory incorporating any city or town, the same to ritories. be forwarded by such secretary to the surveyor-general within one month from date of its approval.

tional entries.

SEC. 4. It shall be lawful for any town which has made, or may here- Towns with less after make entry of less than the maximum quantity of land named in than maximum section twenty-three hundred and eighty-nine of the Revised Statutes to may make addimake such additional entry, or entries, of contiguous tracts, which may R. S., § 2389. be occupied for town purposes as when added to the entry or entries therefore made will not exceed twenty-five hundred and sixty acres:

Provided, That such additional entry shall not together with all prior entries be in excess of the area to which the town may be entitled at date of the additional entry by virtue of its population as prescribed in said section twenty-three hundred and eighty-nine. [March 3, 1877.]

CHAPTER 114.

AN ACT RELATING TO THE PRODUCTION OF FRUIT-BRANDY, AND TO PUNISH FRAUDS
CONNECTED WITH THE SAME.

SECTION

1. Bonded warehouses for grape-brandy may be established.

-control and custody of. -regulation as to.

2. Tax to be paid on monthly return and brandy to be removed to warehouse, &c.

3. Special stamp to be affixed before brandy removed from warehouse.

4. Conditions of deposit in warehouse. Stipulations in the bond.

5. Withdrawal from warehouse for transfer or export.

Be it enacted, &c.

SECTION

6. Provisions of law applicable to exportation of
grape-brandy.

7. Warehouses may be discontinued.
-transfer of spirits in such case.

8. Tax on grape-brandy removed without com-
pliance with act.

9. Payment of tax not extended beyond three
years.

10. Rules and regulations under this act.

11. Penalties for failure to comply with provis
ions of this act.

March 3, 1877.

19 Stat. L., 393.

tablished.

[SECTION 1], That the Commissioner of Internal Revenue shall be, Bonded wareand hereby is, authorized in his discretion, and upon the execution of houses for grapesuch bonds as he may prescribe, to establish warehouses, to be known brandy may be esas special bonded warehouses, not exceeding ten in numbers in any one R. S., § 3255, collection-district, exclusively for the storage of brandy made from 3271. grapes, each of which warehouses shall be in the charge of a store

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