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Education of the the civil war, only a small part of the money appropriated by the first three named States was ever available; and

blind.

Preamble.

Permanent fund created to aid edu

Whereas by the money from the States of Kentucky, New Jersey, and Delaware, a printing-house for the blind was established, and is now supplied with presses, type, stereotype foundry, steam-engine, a well-equipped bindery, and all the appliances necessary for the manufacture of embossed books, and has for the last ten years been manufacturing embossed books superior in every way to any manufactured elsewhere, which have been distributed gratuitously to the blind in the States of Kentucky, New Jersey, and Delaware, by which the blind in those States have been very much benefited; and

Whereas it is desirable that the blind of the whole country should be equally benefited, and the intentions of the trustees to establish an educational institution of the most practical beneficence and wisest philanthropy upon a national basis, should be accomplished, inasmuch as the education of the blind is a subject of national importance: Therefore,

Be it enacted, &c.

[SECTION 1], That the sum of two hundred and fifty thousand dollars, cation of the blind out of money in the United States Treasury not otherwise appropriated, through American be, and hereby is, set apart as a perpetual fund for the purpose of aiding Printing House for the education of the blind in the United States of America, through the the Blind. American Printing House for the Blind.

-held in trust and

invested by Secretary of Treasury.

- semi-annual in

condition.

SEC. 2. That the Secretary of the Treasury of the United States is hereby directed to hold said sum in trust for the purpose aforesaid; and it shall be his duty, upon the passage of this act, to invest said sum in United States interest-bearing bonds, bearing interest at four per centum, of the issue of July, eighteen hundred and seventy, and upon their maturity to reinvest their proceeds in other United States interest-bearing bonds, and so on forever.

SEC. 3. That the Secretary of the Treasury of the United States is terest to be paid to hereby authorized to pay over, semi-annually, to the trustees of the the trustees on American Printing House for the Blind, located in Louisville, Kentucky, and chartered in eighteen hundred and fifty-eight by the legis lature of Kentucky, upon the requisition of their president, countersigned by their treasurer, the semi-annual interest upon the said bonds, upon the following conditions:

-methods of expenditure.

-not to be ex

pended for buildings.

Books, &c., to be sold at cost.

First. The income upon the bonds thus held in trust for the education of the blind shall be expended by the trustees of the American Printing House each year in manufacturing and furnishing embossed books for the blind and tangible apparatus for their instruction;

And the total amount of such books and apparatus so manufactured and furnished by this income shall each year be distributed among all the public institutions for the education of the blind in the States and Territories of the United States and the District of Columbia, upon the requisition of the superintendent of each, duly certified by its board of trustees.

The basis of such distribution shall be the total number of pupils in all the public institutions for the education of the blind, to be authenticated in such manner and as often as the trustees of the said American Printing House shall require;

And each institution shall receive, in books and apparatus, that portion of the total income of said bonds held by the Secretary of the Treas ury of the United States in trust for the education of the blind, as is shown by the ratio between the number of pupils in that institution for the education of the blind and the total number of pupils in all the public institutions for the education of the blind, which ratio shall be computed upon the first Monday in January of each year.

Second. No part of the income from said bonds shall be expended in the erection or leasing of buildings.

Third. No profit shall be put on any books or tangible apparatus for the instruction of the blind manufactured or furnished by the trustees

of said American Printing House for the Blind, located in Louisville, Kentucky; and the price put upon each article so manufactured or furnished shall only be its actual cost.

Fourth. The Secretary of the Treasury of the United States shall have Income of fund the authority to withhold the income arising from said bonds thus set may be withheld when not properly. apart for the education of the blind of the United States whenever he used. shall receive satisfactory proof that the trustees of said American Printing House for the Blind, located in Louisville, Kentucky, are not using the income from these bonds for the benefit of the blind in the public institutions for the education of the Blind in the United States.

Treasurer to give

Fifth. Before any money be paid to the treasurer of the American Printing House for the Blind by the Secretary of the Treasury of the bond. United States, the treasurer of the American Printing House for the Blind shall execute a bond, with two approved sureties, to the amount of twenty thousand dollars, conditioned that the interest so received shall be expended according to this law and all amendments thereto, which shall be held by the Secretary of the Treasury of the United States, and shall be renewed every two years.

Sixth. The superintendents of the various public institutions for the education of the blind in the United States shall each, ex officio, be a member of the board of trustees of the American Printing House for the Blind, located in the city of Louisville, Kentucky.

Certain persons

to be ex officio trust

ees.

Trustees to make

furnish vouchers,

SEC. 4. That the trustees of said American Printing House for the Blind shall annually make to the Secretary of the Treasury of the annual reports, United States a report of the items of their expenditure of the income &c. of said bonds during the year preceding their report, and shall annually furnish him with a voucher from each public institution for the education of the blind, showing that the amount of books and tangible apparatus due has been received.

SEC. 5. That this act shall take effect from and after its passage. [March 3, 1879.]

When act takes effect.

CHAPTER 187.

AN ACT MAKING APPROPRIATIONS FOR THE PAYMENT OF THE ARREARS OF PENSIONS
GRANTED BY ACT OF CONGRESS APPROVED JANUARY TWENTY-FIFTH, EIGHTEEN
HUNDRED AND SEVENTY-NINE, AND FOR OTHER PURPOSES.

SECTION

1. Pension agents' fees for services to January 25, 1879.

Rate of arrears of invalid pensions to be graded from time to time, &c.

Pensions on account of disabilities, &c., occurring after cessation of hostilities and before mustering out.

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

*

SECTION

2. Commencement of pensions in consequence
of death, injuries, &c., since March 4, 1861.
3. Repeal of R. S., § 4709.

March 3, 1879.

20 Stat. L., 469.

Pension agents' Jan. 25, 1879. fees previous to

The pension agents shall receive for their services and expenses in paying the arrears upon pensions allowed previous to January twentyfifth eighteen hundred and seventy-nine including postage on the vouchR. S., § 4781. ers and checks sent to the pensioner, thirty cents for each payment; 1874, June 20, ch. and the sum of fifteen thousand dollars, or so much thereof as may be 335. necessary, is hereby appropriated for the payment of the same.

1878, June 14, ch. 188.

Rate of arrears of invalid pensions to be graded, &c. R. S., 46921870, Jan. 25, ch.

That the rate at which the arrears of invalid pensions shall be allowed and computed in the cases which have been or shall hereafter be allowed shall be graded according to the degree of the pensioners disability from time to time and the provisions of the pension laws in force over the 4791. period for which the arrears shall be computed.

23.

count of disabilities, &c., occur

That section one of the act of January twenty-fifth, eighteen-hundred Pensions on acand seventy-nine, granting arrears of pensions shall be construed to extend to and include pensions on account of soldiers who were enlisted or ring after cessation

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drafted for the service in the war of the rebellion, but died or incurred disability from a cause originating after the cessation of hostilities; and before being mustered out:

Provided, That in no case shall arrears of pensions be allowed and paid from a time prior to the date of actual disability.

SEC. 2. All pensions which have been, or which may hereafter be, granted in consequence of death occurring from a cause which originated in the service since the fourth day of March, eighteen hundred and sixty one, or in consequence of wounds or injuries received or disease contracted since that date shall commence from the death or discharge of the person on whose account the claim has been or is hereafter granted if the disability occurred prior to discharge, and if such disability occurred after the discharge then from the date of actual disability or from the termination of the right of party having prior title to such pension:

Provided, The application for such pension has been or is hereafter filed with the Commissioner of Pensions prior to the first day of July eighteen hundred and eighty, otherwise the pension shall commence from the date of filing the application; but the limitation herein prescribed shall not apply to claims by or in behalf of insane persons and children under sixteen years of age.

SEC. 3. Section forty-seven hundred and nine of the Revised Statutes is hereby repealed. [March 3, 1879.]

CHAPTER 189.

March 3, 1879.

20 Stat. L., 470.

AN ACT TO AUTHORIZE THE SECRETARY OF THE NAVY TO TRANSFER TO THE SECRE
TARY OF THE INTERIOR, FOR ENTRY AND SALE, ALL LANDS IN THE STATE OF
FLORIDA NOT NEEDED FOR NAVAL PURPOSES.

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Secretary of Navy to examine reserved public lands in Florida

to certify to Sec

such as no longer

Be it enacted, &c.

[SECTION 1], That the Secretary of the Navy be, and he is hereby, authorized to cause an examination to be made of the condition of all lands in the State of Florida which have been set apart or reserved for naval purposes, excepting the reservation upon which the navy-yard at Pensacola is located, and to ascertain whether or not such reserved lands are or will be of any value to the Government of the United States for naval purposes.

SEC. 2. That all of said lands which, in the judgment of the Secretary retary of Interior of the Navy, are no longer required for naval purposes shall, as soon as required for naval practicable, be certified by him to the Secretary of the Interior, and be purposes, and same subject to entry and sale in the same manner and under the same conto be subject to ditions as other public lands of the United States:

entry and sale.

R. S., § 22572379.

ments.

-provision for oc- Provided, That all persons who have, in good faith, made improvecupants who have ments on said reserved lands so certified at the time of the passage of made improve this act, and who occupy the same, shall be entitled to purchase the part or parts so occupied and improved by them, not to exceed one hundred and sixty acres to any one person at one dollar and twenty-five cents per acre within such reasonable time as may be fixed by the Secretary of the Interior.

*

[March 3, 1879.j

CHAPTER 190.

AN ACT TO AMEND AN ACT TO PROVIDE FOR THE SALE OF A PORTION OF THE RES-
ERVATION OF THE CONFEDERATED OTOE AND MISSOURIA AND THE SAC AND FOX
OF THE MISSOURI TRIBES OF INDIANS IN THE STATES OF KANSAS AND NEBRASKA.
Otoe and Missouria and Sac and Fox reservation settlers may buy more.
in Kansas to be appraised and sold.
- may be sold on deferred payments.
-limitation on price.

- present occupants may be allowed further time
to make payments.

Be it enacted, &c., That section three of the act of August fifteentheighteen hundred and seventy-six, chapter three hundred and eight, en, titled "An act to provide for the sale of a portion of the reservation of the Confederated Otoe and Missouria and the Sac and Fox of the Missouri tribes of Indians", be, and the same hereby is, amended so as to read, as follows:

That after the survey and appraisement of said lands, the Secretary of the Interior shall be, and is hereby, authorized to offer one hundred and twenty thousand acres from the western side of the same for sale, through the United States public land-office at Beatrice, Nebraska, in tracts not exceeding one hundred and sixty acres for cash, to actual settlers, or persons who shall make oath before the register or receiver of the land office at Beatrice, Nebraska, that they intend to occupy the land for authority to purchase which they make application, and who shall within three months from the date of such application make a permanent settlement upon the same, in tracts not exceeding one hundred and sixty acres to each purchaser:

March 3, 1879.

20 Stat. L., 471.

Otoe and Mis

souria and Sac and

Fox reservation in Kansas to be appraised and sold. Substitute for 1876, Aug. 15, ch. 308, § 3.

Provided, That if, in the judgment of the Secretary of the Interior, it may be sold on shall be more advantageous to sell said lands upon deferred payments, deferred payments. he may, with the consent of the Indians, expressed in open council, dispose of the same upon the following terms as to payments, that is to say, one third in cash, one third in one year, and one third in two years from date of sale, with interest at the rate of six per centum per annum: And provided further, That no portion of said land shall be sold at limitation on less than the appraised value thereof, and in no case less than two price. dollars and fifty cents per acre:

And provided further, That whenever a settler on any of the lands - settlers may buy subject to sale under the act to which this is amendatory shall apply to more than 160 acres purchase a tract containing a small excess over one hundred and sixty in certain cases. 1876, August 15, acres, owing to the legal subdivisions being made fractional by bound- ch. 308. ary-line of reservation, township or section line his application shall not be rejected on account of such excess; but, if no other objection exist the purchase shall be allowed as in other cases.

And provided further, That bona fide claimants at present occupying present occulands under the provisions of the act of which this is amendatory may pants may be alin the discretion of the Secretary of the Interior be allowed additional lowed further time time for making the deferred payments required by said act for the lands to make payments. so claimed and occupied by them in good faith, not exceeding one year on each payment so required to be made. [March 3, 1879.]

CHAPTER 191.

AN ACT TO GRANT ADDITIONAL RIGHTS TO HOMESTEAD SETTLERS ON PUBLIC LANDS
WITHIN RAILROAD LIMITS.

Homestead entries on public lands within railway grants, &c., to extent of 160 acres to each settler. additional entry over 80 acres previously taken, &c.

March 3, 1879.

20 Stat. L., 472.

occupants must have cultivated land one year,

&c.

Homestead

en

Be it enacted, &c., That from and after the passage of this act, the even sections within the limits of any grant of public lands to any rail- tries on public lands within railroad company, or to any military road company, or to any State in aid of way grants, &c., any railroad or military road, shall be open to settlers under the home- to extent 160 acres stead laws to the extent of one hundred and sixty acres to each settler, to each settler. R. S., §§ 2289

2317.

Additional en

And any person who has, under existing laws, taken a homestead on tries over 80 acres any even section within the limits of any railroad or military road landpreviously taken, &c. grant, and who, by existing laws shall have been restricted to eighty acres, may enter under the homestead laws an additional eighty acres adjoining the land embraced in his original entry, if such additional land be subject to entry;

-provisions as to such additional entry.

Occupant must have cultivated

Or if such person so elect, he may surrender his entry to the United States for cancellation, and thereupon be entitled to enter lands under the homestead laws the same as if the surrendered entry had not been made. And any person so making additional entry of eighty acres, or new entry after the surrender and cancellation of his original entry, shall be permitted so to do without payment of fees and commissions; and the residence and cultivation of such person upon and of the land embraced in his original entry shall be considered residence and cultivation for the same length of time upon and of the land embraced in his additional or new entry, and shall be deducted from the five years' residence and cultivation required by law:

Provided, That in no case shall patent issue upon an additional or new homestead entry under this act until the person has actually, and land one year, &c. in conformity with the homestead laws, occupied, resided upon, and cultivated the land embraced therein at least one year. [March 3, 1879.]

March 3, 1879.

20 Stat. L., 472.

Notice of inten

Ꮯ Ꮋ Ꭺ Ꮲ Ꭲ Ꭼ Ꭱ 192.

AN ACT TO PROVIDE ADDITIONAL REGULARIONS FOR HOMESTEAD AND PRE-EMPTION
ENTRIES OF PUBLIC LANDS.

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Be it enacted, &c., That before final proof shall be submitted by any tion to make final person claiming to enter agricultural lands under the laws providing proof for preemp- for pre-emption or homestead entries, such person shall file with the tion and homestead entries to be register of the proper land-office a notice of his or her intention to make such proof, stating therein the description of lands to be entered, and the names of the witnesses by whom the necessary facts will be established.

filed.

R. S., §§ 2262, $291.

1877, March 3, ch. 122.

-to be published.

- what to contain.

-after thirty days proof may be made. -rules respecting.

March 3, 1879.

20 Stat. L., 473.

Dakota supreme

court to have four
judges.
R. S., § 1864.

Upon the filing of such notice, the register shall publish a notice, that such application has been made once a week for the period of thirty days, in a newspaper to be by him designated as published nearest to such land, and he shall also post such notice in some conspicuous place in his office for the same period.

Such notice shall contain the names of the witnesses as stated in the application.

At the expiration of said period of thirty days, the claimant shall be entitled to make proof in the manner heretofore provided by law.

The Secretary of the Interior shall make all necessary rules for giving effect to the foregoing provisions. [March 3, 1879.]

CHAPTER 194.

AN ACT PROVIDING FOR AN ADDITIONAL ASSOCIATE JUSTICE OF THE SUPREME COURT
OF THE TERRITORY OF DAKOTA.

SECTION

1. Dakota supreme court to have four judges.

2. Additional judge; how appointed.

3. Four judicial districts.

4. Fourth district; what to include.

Be it enacted, &c.

SECTION

5. The additional judge assigned to fourth district temporarily.

6. Jurisdiction of court in fourth district.

[SECTION 1], That hereafter the supreme court of the Territory of Dakota, shall consist of a chief justice and three associate justices, any three of whom shall constitute a quorum.

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