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Indians em- [Par. 2.] Indians employed at agencies in any capacity shall not be ployed not deemed construed as part of agency employees named in section five of the act employés of agencies, &c. making appropriations for the Indian service for the fiscal year eighteen 1875, March 3, hundred and seventy-six, approved March third, eighteen hundred and ch. 132, § 5. seventy-five.

87.

1879, Feb. 17, ch.

*

[May 27, 1878.]

May 28, 1878.

20 Stat. L., 87.

Commissioners

CHAPTER 145.

AN ACT TO AUTHORIZE THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA TO REFUND CERTAIN TAXES ERRONEOUSLY COLLECTED AND FOR OTHER PURPOSES. Commissioners of District of Columbia may refund certain improvement assessments, correct errors, &o. Be it enacted, &c., That the Commissioners of the District of Columof District Colum- bia be, and they are hereby, authorized and empowered to refund to bia may refund certain improve any persons who have heretofore been erroneously assessed for special ment assessments, improvement taxes on property not belonging to them, such moneys as correct errors, &c. they shall be found to have paid as taxes upon such erroneous assessment; and the said Commissioners are empowered to correct any assessment so found to have been made, and collect the tax from the rightful owners of the property. [May 28, 1878.]

May 31, 1878.

20 Stat. L., 87.

CHAPTER 146.

AN ACT TO FORBID THE FURTHER RETIREMENT OF UNITED STATES LEGAL-TENDER

NOTES.

Reduction of

Reduction of amount of issue of United States legal-tender notes prohibited.

Be it enacted, &c., That from and after the passage of this act it shall amount of issue of not be lawful for the Secretary of the Treasury or other officer under him United States to cancel or retire any more of the United States legal-tender notes. legal-tender notes And when any of said notes may be redeemed or be received into the Treasury under any law from any source whatever and shall belong to the United States, they shall not be retired cancelled or destroyed but they shall be re-issued and paid out again and kept in circulation: Provided, That nothing herein shall prohibit the cancellation and destruction of mutilated notes and the issue of other notes of like denomination in their stead, as now provided by law.

prohibited.
R. S., § 3582.
1874, June 20, ch.
343, § 6.
1875, Jan. 14, ch.

15, §3.

All acts and parts of acts in conflict herewith are hereby repealed. [May 31, 1878.]

CHAPTER 148.

June 1, 1878.

20 Stat. L., 88.

Homestead set

AN ACT FOR THE RELIEF OF CERTAIN SETTLERS ON THE PUBLIC LANDS.

Homestead settlers whose crops were injured by grasshoppers in 1876 may make entry though they had been absent.

Be it enacted, &c., That it shall be lawful for homestead settlers on the tlers whose crops public lands whose crops were destroyed or seriously injured by grasswere injured by hoppers in the year eighteen hundred and seventy-six, who left their grasshoppers in 1876 may make en- land in said year, if no other settlement shall have been made thereon

by, or right or interest therein accrued to, any other person, to return try though they to said land at any time within three months from and after the passage of this act;

And upon the return of such settlers to such land, such absence therefrom shall in no wise affect the original settlements or homestead rights, but such settlers shall be allowed to resume and perfect their settlement, as if no such absence had occurred:

Provided, That proof of such destruction or injury of crops, absence and return of such settlers, shall be made in such manner as the Commissioner of the General Land Office may prescribe [June 1, 1878.]

had been absent. 1879, July 1, ch. 63.

CHAPTER 150.

AN ACT AUTHORIZING THE CITIZENS OF COLORADO, NEVADA AND THE TERRITORIES
TO FELL AND REMOVE TIMBER ON THE PUBLIC DOMAIN FOR MINING AND DOMES-
TIC FURPOSES.

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June 3, 1878.

20 Stat. L., 88.

[SECTION 1], That all citizens of the United States and other persons, Timber, &c., bona fide residents of the State of Colorado, or Nevada, or either of the may be cut from Territories of New Mexico, Arizona, Utah, Wyoming, Dakota, Idaho, or mineral lands for building, agricultMontana, and all other mineral districts of the United States, shall be, ural, mining, and and are hereby, authorized and permitted to fell and remove, for build- domestic purposes. ing, agricultural, mining, or other domestic purposes, any timber or R. S., § 2318other trees growing or being on the public lands, said lands being min- 2352, 2461. 1878, April 30, ch. eral, and not subject to entry under existing laws of the United States, 76, par. 2. except for mineral entry, in either of said States, Territories, or districts 1878, June 3, ch. of which such citizens or persons may be at the time bona-fide residents, 151, §§ 4, 5. subject to such rules and regulations as the Secretary of the Interior

may prescribe for the protection of the timber and of the undergrowth growing upon such lands, and for other purposes:

Provided, the provisions of this act shall not extend to railroad corporations.

SEC. 2. That it shall be the duty of the register and the receiver of Registers and reany local land-office in whose district any mineral land may be situated ceivers to ascertain and notify to ascertain from time to time whether any timber is being cut or used Commissioner upon any such lands, except for the purposes authorized by this act, when timber is cut within their respective land districts; and, if so, they shall immediately for unauthorized notify the Commissioner of the General Land Office of that fact;

And all necessary expenses incurred in making such proper examinations shall be paid and allowed such register and receiver in making up their next quarterly accounts.

purposes.

SEC. 3. Any person or persons who shall violate the provisions of, Penalty for victhis act, or any rules and regulations in pursuance thereof made by the lation of act. Secretary of the Interior, shall be deemed guilty of a misdemeanor, and,

upon conviction, shall be fined in any sum not exceeding five hundred

dollars, and to which may be added imprisonment for any term not exceeding six months. [June 3, 1878.]

CHAPTER 151.

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Timber lands in

California, Ore gon, Nevada, and Washington Territory to be sold.

Claims under ex

An act for THE SALE OF TIMBER LANDS IN THE STATES OF CALIFORNIA, OREGON,
NEVADA, AND IN WASHINGTON TERRITORY.

SECTION

1. Timber-lands in California, Oregon, Nevada,
and Washington Territory to be sold.
Claims under existing laws not impaired.
Rights under certain existing laws not im-
paired.

2. Application for purchase; what to set forth.
Penalty for false swearing.

3. Publication of application.
Facts to be proved.

Entry and patent.

Objection to patent.

Be it enacted, &c.

SECTION

Commissioner to make regulations.

4. Penalty for unlawfully cutting timber on public lands in said States, &c., and for transporting same.

-not to apply in certain cases.

5. Persons prosecuted for cutting timber not for export may be relieved.

Money collected under this act to be covered into Treasury. 6. Repeal.

[SECTION 1], That surveyed public lands of the United States within the States of California, Oregon and Nevada and in Washington Territory, not included within military, Indian, or other reservations of the United States, valuable chiefly for timber, but unfit for cultivation, and which have not been offered at public sale according to law, may be sold to citizens of the United States, or persons who have declared their intention to become such, in quantities not exceeding one hundred and sixty acres to any one person or association of persons, at the minimum price of two dollars and fifty cents per acre; and lands valuable chiefly for stone may be sold on the same terms as timber lands:

Provided, That nothing herein contained shall defeat or impair any isting laws not im- bona-fide claim under any law of the United States, or authorize the paired. sale of any mining claim, or the improvements of any bona-fide settler, or lands containing gold, silver, cinnabar, copper, or coal, or lands selected by the said States under any law of the United States donating lands for internal improvements, education, or other purposes:

2477.

Rights under And provided further, That none of the rights conferred by the act certain existing approved July twenty-sixth, eighteen hundred and sixty-six, entitled (1) laws not impaired. R. S., §§ 2338, "An act granting the right of way to ditch and canal owners over 2339, 2341-2343, the public lands, and for other purposes", shall be abrogated by this act; and all patents granted shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under and by the provisions of said act; and such rights shall be expressly reserved in any patent issued under this act.

96 U.S., 165.

Application for purchase; what to

set forth.

Penalty for false swearing, &c.

SEC. 2. That any person desiring to avail himself of the provisions of this act shall file with the register of the proper district a written statement in duplicate, one of which is to be transmitted to the General Land Office, designating by legal subdivisions the particular tract of land he desires to purchase, setting forth that the same is unfit for cultivation, and valuable chiefly for its timber or stone; that it is uninhabited; contains no mining or other improvements, except for ditch or canal purposes, where any such do exist, save such as were made by or belong to the applicant, nor, as deponent verily believes, any valuable deposit of gold, silver, cinnabar, copper, or coal; that deponent has made no other application under this act; that he does not apply to purchase the same on speculation, but in good faith to appropriate it to his own exclusive use and benefit; and that he has not, directly or indirectly, made any agreement or contract, in any way or manner, with any person or persons whatsoever, by which the title which he might acquire from the government of the United States should inure, in whole or in part, to the benefit of any person except himself; which statement must be verified by the oath of the applicant before the register or the receiver of the land-office within the district where the land is situated;

And if any person taking such oath shall swear falsely in the premises, he shall be subject to all the pains and penalties of perjury, and

NOTES.-(1) The act of 186, ch. 262 (14 Stat. L., 251), here referred to, is incorporated into Revised
Statutes in the sections noted in the margin.

shall forfeit the money which he may have paid for said lands, and all right and title to the same;

And any grant or conveyance which he may have made, except in the hands of bona-fide purchasers, shall be null and void.

Fblication of

SEC. 3. That upon the filing of said statement, as provided in the second section of this act, the register of the land office, shall post a application. notice of such application, embracing a description of the land by legal subdivisions, in his office, for a period of sixty days, and shall furnish the applicant a copy of the same for publication, at the expense of such applicant, in a newspaper published nearest the location of the premises, for a like period of time;

Facts to be

And after the expiration of said sixty days, if no adverse claim shall have been filed, the person desiring to purchase shall furnish to the reg. proved. ister of the land-office satisfactory evidence, first, that said notice of the application prepared by the register as aforesaid was duly published in a newspaper as herein required; secondly, that the land is of the character contemplated in this act, unoccupied and without improvements, other than those excepted, either mining or agricultural, and that it apparently contains no valuable deposits of gold, silver, cinnabar, copper, or coal;

And upon payment to the proper officer of the purchase-money of Entry and patsaid land, together with the fees of the register and the receiver, as ent. R. S., § 2238, provided for in case of mining claims in the twelfth section (2) of the pars. 9, 11. act approved May tenth, eighteen hundred and seventy-two, the appli-R. S., § 2334. cant may be permitted to enter said tract, and, on the transmission to the General Land Office of the papers and testimony in the case, a patent shall issue thereon:

Objection to pat

Commissioner

tions.

Provided, That any person having a valid claim to any portion of the land may object, in writing, to the issuance of a patent to lands so held ent. by him, stating the nature of his claim thereto; and evidence shall be taken, and the merits of said objection shall be determined by the officers of the land-office, subject to appeal, as in other land cases. Effect shall be given to the foregoing provisions of this act by regu lations to be prescribed by the Commissioner of the General Land Office. to make regulaSEC. 4. That after the passage of this act it shall be unlawful to cut, Penalty for unor cause or procure to be cut, or wantonly destroy, any timber growing lawfully cutting timber on public on any lands of the United States, in said States and Territory or re- lands in said move, or cause to be removed, any timber from said public lands, with States, &c., and intent to export or dispose of the same; and no owner, master, or con- for transporting signee of any vessel, or owner, director, or agent of any railroad, shall same. 16 Opin. Att'yknowingly transport the same, or any lumber manufactured therefrom; Gen., 189. and any person violating the provisions of this section shall be guilty of a misdemeanor, and, on conviction, shall be fined for every such offense a sum not less than one hundred nor more than one thousand dollars: Provided, That nothing herein contained shall prevent any miner or not to apply in agriculturist from clearing his land in the ordinary working of his min. certain cases. 1878, June 3, ch. ing claim, or preparing his farm for tillage, or from taking the timber 150, 1. § necessary to support his improvements, or the taking of timber for the 1878, April 30, use of the United States; and the penalties herein provided shall not ch. 76. take effect until ninety days after the passage of this act.

Persons prose

timber not for export may be relieve!.

SEC. 5. That any person prosecuted in said States and Territory for violating section two thousand four hundred and sixty-one of the Revised cuted for cutting Statutes of the United States who is not prosecuted for cutting timber - for export from the United States, may be relieved from further prosecution and liability therefor upon payment, into the court wherein said action is pending, of the sum of two dollars and fifty cents per acre for all lands on which he shall have cut or caused to be cut timber, or removed or caused to be removed the same:

Provided, That nothing contained in this section shall be construed as granting to the person hereby relieved the title to said lands for said

NOTE (2) The twelfth section of the act of 1872, ch. 152 (17 Stat. L., 95), here referred to, is incorporated into the Revised Statutes in the sections noted in the margin.

R. S., § 2461. 1878, April 30, ch. 76.

16 Opin. Att'y

Gen., 189.

payment; but he shall have the right to purchase the same upon the same terms and conditions as other persons, as provided herein before in this act: Money collected And further provided, That all moneys collected under this act shall under this act to be covered into the Treasury of the United States. And section four be covered into thousand seven hundred and fifty-one of the Revised Statutes is hereby Treasury. Modifying R. S., repealed, so far as it relates to the States and Territory herein named.

§ 4751. Repeal.

SEC. 6. That all acts and parts of acts inconsistent with the provisions of this act are hereby repealed. [June 3, 1878.]

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CHAPTER 152.

AN ACT TO PROVIDE FOR THE PUBLICATION OF NOTICES OF CONTEST UNDER THE
HOMESTEAD, PRE-EMPTION, AND TREE-CULTURE LAWS OF THE UNITED STATES.

Notices of contest under homestead, pre-emption, and tree-culture laws; how published. Notices of con- Be it enacted, &c., That the notices of contest now provided by law test under home- under the homestead, pre-emption and tree-culture laws of the United stead, pre-emp States shall, after the passage of this act, be printed in some newspaper tion, and tree-culture' laws; how printed in the county where the land in contest lies; and if no newspapublished. per be printed in such county, then in the newspaper printed in the R. S., § 2259, county nearest to such land. [June 3, 1878.]

2289, 2464.

55, § 3.

1874, June 3, ch.

1876, May 20, ch.

102.

1878, June 14, ch.

190.

June 4, 1878.

20 Stat. L., 91.

Inspection of

CHAPTER 154.

AN ACT TO ALTER AND AMEND A LAW OF THE DISTRICT OF COLUMBIA RELATIVE TO
THE INSPECTION OF FLOUR.

Inspection of flour manufactured in District of
Columbia.

Pay of inspector.

Unmerchantable flour to be branded, &c.
Penalty for selling in violation of act.

Be it enacted, &c., That section six of an act of the legislative assemflour manufact- bly of the District of Columbia, approved August twenty-first eighteen ured in District of hundred and seventy one, entitled "An act relating to inspection of flour" be, and the same is hereby, amended so as read:

Columbia.

Pay of inspector.

Unmerchantable

"That all and every barrel and half-barrel of flour manufactured in the District, or brought to the same for sale, shall be subject to the examination of the inspector, by boring, searching, and trying it through with an instrument not exceeding five-eighths of an inch in diameter, to be provided by the inspector for that purpose, who shall afterwards plug up the hole with a round plug made of soft wood, so as to prevent the entrance of water, and if the inspector shall judge the same to be merchantable according to the direction of this act, he shall, at the time of inspecting, mark or brand on the head or quarter of every barrel and half-barrel of flour, in letters one-half inch in length, the word "Georgetown", if inspected in Georgetown, and "Washington", if inspected in Washington, together with the word or words designating the degree of fineness which he shall, at the time of inspection, determine said flour entitled to, with the exception of the degree of superfine, which he shall mark or brand over the quarter; and the several degrees in quality shall be distinguished as follows: Family, Extra, Superfine, Fine, and First Middlings.

And for the inspection of which the said inspector shall have and receive of the owner or agent of said flour, for each and every barrel and half-barrel, one cent and one drawing of flour for all inspected in Washington or Georgetown;

And every barrel or half-barrel of flour which shall prove, on examflour to be brand- ination thereof, to be unmerchantable, according to the true intent and meaning of this act, the said inspector shall mark on the head or quarter with a broad arrow.

ed, &c.

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