Certificate of judgment. Method of payment prescribed. 1874, June 20, ch. 337, § 7. 94. the sum due thereby shall be paid, as hereinafter provided, by the Secretary of the Treasury: Provided, That no payment shall be made except upon the presentation to the Secretary of the Treasury of a copy of said judgment certified by the clerk of the Court of Claims, and signed by the chief justice, or, in his absence, by [by] the presiding judge of said court. SEC. 6. The Secretary of the Treasury is hereby authorized to demand of the sinking fund commissioner of the District of Columbia so many of the three sixty-five bonds authorized by act of Congress approved June twentieth, eighteen hundred and seventy-four, and acts amendatory thereof as may be necessary for the payment of the judgments, 1881, March 3, and said sinking-fund commissioner is hereby directed to issue and dech. 134, par. 4. liver to the Secretary of the Treasury the amount of three sixty-five bonds required to satisfy the judgments; which bonds shall be received by said claimants at par in payment of such judgments, and shall bear date August first, eighteen hundred and seventy-four, and mature at the same time as other bonds of this issue: Certain coupons on bonds to be detached. Provided, That before the delivery of such bonds as are issued in payment of judgments rendered as aforesaid on the claims aforesaid, See Fendall's case, the coupons shall be detached therefrom from the date of said bonds to the day upon which such claims were due and payable; 16 Ct. Cls., -. Gross amount of bonds limited. Bonds to be no more binding on United States than by former act. 1874, June 20, ch. 337, § 7. Prosecution of cases. Attorney-Gencral may place cases on -may move to dis cuted. And the gross amount of such bonds heretofore and hereafter issued shall not exceed in the aggregate fifteen millions of dollars: Provided, The bonds issued by authority of this act shall be of no more binding force as to their payment on the Government of the United States than the three sixty-five bonds issued under authority of the act of June twentieth, eighteen hundred and seventy-four. SEC. 7. In all cases prosecuted under the provisions of this act it shall be the duty of the claimant, after the commencement of said actions, to prosecute them in said court diligently; And after any issue of law or of fact shall be joined in any case, the Attorney-General shall have power to place the same on the trial calendar of said court for trial; And in all cases when any case has been reached in its order on the miss if not prose- calendar, and the trial thereof has been unreasonably delayed by the claimant, the said court may, on motion of the Attorney-General, on notice to the claimant, or his counsel, attorney, or solicitor, dismiss said claim ; Judgment under such motion to be final bar. Judgment to be And such dismissal or final judgment on any claim shall be a conclusive bar against any further prosecution of such claim before any court or tribunal whatsoever. The Secretary of the Treasury shall pay, according to the provisions paid as presented. of this act, the said judgments from time to time as they may be pre sented. Claims rejected SEC. 8. No claim shall be presented to, or considered by the Court of by board of audit Claims under the provisions of this act which was rejected by the Board not to be consid- of Audit. ered. Treasurer. Outstanding cer- SEC. 9. That the Treasurer of the United States as ex-officio sinkingtificates of the fund commissioner of the District of Columbia is hereby authorized and board of audit may directed to redeem the outstanding certificates of the late Board of Audit, be redeemed by United States created by the act approved June twentieth, eighteen hundred and sev enty-four, with the interest accrued on said certificates by issuing and 1874, June 20, ch. delivering to the owners or holders of such certificates, bonds of the 337, § 7. 1875, Feb. 20, ch. District of Columbia as provided in section seven of the act approved June twentieth, eighteen hundred and seventy-four, entitled, "An act 1879, March 3, for the government of the District of Columbia, and for other purposes", ch. 182, § 3. and acts amendatory thereof, said bonds to bear the same date, same rate of interest, and interest and principal be payable at same time, and subject to all the conditions, pledges of faith, and exemptions as the bonds authorized to be issued by the said seventh section of said act, and shall be signed by the said treasurer as ex-officio sinking-fund com 94. missioner of the District of Columbia, and numbered, countersigned, sealed and registered as the said seventh section of said act prescribes detaching all coupons from said bonds up to the date of such certificates. SEC. 10. No suit now pending for the collection of any claim based Suits pending upon a contract or extension of contract herein before mentioned in the not prejudiced by this act. supreme court of the District of Columbia shall be in any manner prejudiced by the provisions of this act. [June 16, 1880.] CHAPTER 244. AN ACT FOR THE RELIEF OF CERTAIN SETTLERS ON THE PUBLIC LANDS, AND TO SECTION 1. Persons who have paid fees, &c., for certain entries of soldiers' and sailors' homesteads which have proved void, to have money refunded. 2. Where entries on public lands are canceled, or not confirmed, fees and purchase money, &c., to be refunded, &c. Be it enacted, &c. SECTION 3. Refund of excess when parties have paid 4. Rules by Commissioner. Warrants for payment. June 16, 1880. 21 Stat. L., 287. for certain entries cy refunded. R. S., § 2306. [SECTION 1], That in all cases where it shall, upon due proof being Persons who made, appear to the satisfaction of the Secretary of the Interior that have paid fees, &c., innocent parties have paid the fees and commissions and excess pay- of soldiers' and ments required upon the location of claims under the act entitled "An sailors' homesteads act to amend an act entitled 'An act to enable honorably discharged which have proved soldiers and sailors, their widows and orphan children, to acquire home- void, to have monsteads on the public lands of the United States', and amendments thereto", approved March third eighteen hundred and seventy-three, and now incorporated in section twenty-three hundred and six of the Revised Statutes of the United States, which said claims were, after such location, found to be fraudulent and void, and the entries or locations made thereon canceled, the Secretary of the Interior is authorized to repay to such innocent parties the fees and commissions, and excess payments paid by them, upon the surrender of the receipts issued therefor by the receivers of public moneys, out of any money in the Treasury not otherwise appropriated, and shall be payable out of the appropriation to refund purchase-money on lands erroneously sold by the United States. canceled or not SEC. 2. In all cases where homestead or timber-culture or desert-land Where entries on entries or other entries of public lands have heretofore or shall here- public lands are after be canceled for conflict, or where, from any cause, the entry has confirmed, fees and been erroneously allowed and cannot be confirmed, the Secretary of the purchase money, Interior shall cause to be repaid to the person who made such entry, or &c., to be refundto his heirs or assigns, the fees and commissions, amount of purchase ed, &c. money, and excesses paid upon the same upon the surrender of the duplicate receipt and the execution of a proper relinquishment of all claims to said land, whenever such entry shall have been duly canceled by the Commissioner of the General Land Office, Refund of excess And in all cases where parties have paid double-minimum price for land which has afterwards been found not to be within the limits of a when parties have railroad land grant, the excess of one dollar and twenty-five cents per acre shall in like manner be repaid to the purchaser thereof, or to his heirs or assigns. SEC. 3. The Secretary of the Interior is authorized to make the payments herein provided for, out of any money in the Treasury not other wise appropriated. paid double price for what were erroneously supposed to be alternate railroad sections. R. S., § 2357. Appropriation. Rules by the SEC. 4. The Commissioner of the General Land Office shall make all necessary rules, and issue all necessary instructions, to carry the provis. Commissioner. ions of this act into effect; Warrants for payment. And for the repayment of the purchase money and fees herein provided for the Secretary of the Interior shall draw his warrant on the Treasury and the same shall be paid without regard to the date of the cancellation of the entries. [June 16, 1880.] June 16, 1880. 21 Stat. L., 287. CHAPTER 245. AN ACT TO GRANT THE STATE OF NEVADA LANDS IN LIEU OF THE SIXTEENTH AND SECTION Preamble. Act of Nevada ac cepting a grant of land in lieu of sixteenth and thirty-sixth sections. Land granted to Nevada instead of SECTION Preamble. Act of Nevada accepting a grant of land in lieu of sixteenth and thirty-sixth sections. 1. Land granted to Nevada instead of those sections. Whereas, the legislature of the State of Nevada on March eighth, eighteen hundred and seventy-nine, passed an act accepting from the United States a grant of two millions or more acres of land in lieu of the sixteenth and thirty-sixth sections therein, and relinquishing to the United States all such sixteenth and thirty-sixth sections in said State as have not been heretofore sold or disposed of by said State, and which act of said State is in words as follows, to wit: "An act accepting from the United States a grant of two millions or more acres of land in lieu of the sixteenth and thirty-sixth sections, and relinquishing to the United States all such sixteenth and thirty-sixth sections as have not been sold or disposed of by the State. "The people of the State of Nevada represented in Senate and assembly do enact as follows: SECTION. 1. The State of Nevada hereby accepts from the United States not less than two millions of acres of land in the State of Nevada in lieu of the sixteenth and thirty-sixth sections heretofore granted to the State of Nevada by the United States: Provided, That the title of the State and its grantees to such sixteenth and thirty-sixth sections as may have been sold or disposed of by the State prior to the enactment of any such law of Congress granting such two millions or more acres of land to the State shall not be changed or vitiated in consequence of or by virtue of such act of Congress granting such two millions or more acres of land, or in consequence of or by virtue of this act surrendering and relinquishing to the United States the sixteenth and thirty-sixth sections unsold or undisposed of at the time such grant is made by the United States. "SEC. 2. The State of Nevada, in consideration of such grant of two millions or more acres of land by the United States, hereby relinquishes and surrenders to the United States all its claim and title to such sixteenth and thirty-sixth sections in the State of Nevada heretofore granted by the United States as shall not have been sold or disposed of subsequent to the passage of any act of Congress that may hereafter be made granting such two millions or more acres of land to the State of Nevada: Prorided, That the State of Nevada shall have the right to select the two millions or more acres of land mentioned in the act": Therefore, Be it enacted, &c. [SECTION 1], That there be, and are hereby, granted to the State of Nevada two million acres of land in said State in lieu of the sixteenth sixteenth and thir- and thirty-sixth sections of land heretofore granted to the State of Nety-sixth sections. vada by the United States: Provided, That the title of the State and its grantees to such sixteenth and thirty-sixth sections as may have been sold or disposed of by said State prior to the passage of this act shall not be changed or vitiated in consequence of or by virtue of this act. - how selected. - how disposed of. SEC. 2. The lands herein granted shall be selected by the State authorities of said State from any unappropriated, non-mineral, public land in said State, in quantities not less than the smallest legal subdivision; and when selected in conformity with the terms of this act the same shall be duly certified to said State by the Commissioner of the General Land Office and approved by the Secretary of the Interior. SEC. 3. The lands herein granted shall be disposed of under such laws, rules, and regulations as may be prescribed by the legislature of the State of Nevada: disposition of Provided, That the proceeds of the sale thereof shall be dedicated to the same purposes as heretofore provided in the grant of the sixteenth proceeds of. and thirty-sixth sections made to said State. SEC. 4. This act shall take effect from and after its passage. [June When act takes 16, 1880.] effect. CHAPTER 246. AN ACT FOR THE ESTABLISHMENT OF TITLES IN HOT SPRINGS, AND FOR OTHER June 16, 1880. 21 Stat. L., 288. assessed value. [SECTION 1], That any person, his heirs or legal representatives, in Hot Springs lots whose favor the commissioners appointed under the acts of Congress of may be purchased eighteen hundred and seventy-seven and eighteen hundred and seventy- at 40 per cent. of eight, relative to the Hot Springs of Arkansas, have adjudicated, shall 1877, March 3, have the sole right to enter and pay for the amount of land the commis- ch. 108. sioners may have adjudged him entitled to purchase, within eighteen 1878, Dec. 16, ch. months next after the expiration of the notice required by the tenth section of the act of Congress of March third eighteen hundred and seventyseven, to be given by paying to the receiver of public moneys at the land-office in Little Rock, Arkansas, forty per centum of the assessed value of said land as placed thereon by said commissioners; and that such assessments be reduced to that extent; 5. - -churches may And that in any cases where any church or church association has been adjudged entitled to purchase land it may do so by paying five dollars purchase at $5 a per lot. lot. receivable for eu SEC. 2. That the certificates (except certificate Number one hundred Certain certifiand sixty-two, issued to Samuel H. Stitt, DeWitt C Rugg, and Samuel cates for conW. Fordyce for twenty-two thousand dollars, which exceptions shall not demned buildings prejudice the rights of the United States or the holders of said certifi- tries and purchase cate.) issued for condemned buildings by said commissioners be made money. receivable for the amounts named therein as so many dollars lawful money of the United States in the entry and purchase of the lands that may be sold in the Hot Springs Reservation; And that such certificates be assignable, and when assigned in the may be assigned. presence of two subscribing witnesses or the execution of the assignment thereof shall have been acknowledged before a court of record or clerk thereof, the land officers in like manner shall receive them from the assignee in payment of lands purchased by himself or others; And in case the amount of the certificate presented and received at proceedings such land office shall exceed that necessary to make the purchase and when amount of entry desired, there shall be executed by the register and receiver, and certificate exceeds delivered to the person from whom the same is received, a certificate purchase money. giving the number of the original, the date and amount thereof, the balance due such person thereon, and the certificate thus issued shall be assignable and receivable in like manner as the original, and in all cases where such certificates are issued the register of the land office shall cer tify on the original certificate taken up, the number of the lots purchased therewith, and the price thereof. SEC. 3. That those divisions of the Hot Springs Reservation, known as the mountainous districts, not divided by streets on the maps made by the commissioners, but known and defined on the map and in the Mountainous di visious defined and dedicated to public use. Cemetery. Secretary of Interior to designate six lots for school house sites. to convey site to Baptist Church. Streets, courts, report of the commissioners as North Mountain, West Mountain, and Sugar Loaf Mountain, be, and the same are hereby forever reserved from sale, and dedicated to public use as parks, to be known, with Hot Springs Mountain, as the permanent reservation. SEC. 4. That whenever the town of Hot Springs shall procure elsewhere a suitable burying-ground and shall cause the bodies now buried in the cemetery lot, within the limits of said town, to be decently removed and reinterred, the title to said cemetery lot shall vest in the corporation of said town, to be held and used forever as a town or city park, and not otherwise. SEC. 5. That the Secretary of the Interior is hereby authorized to designate six lots from the unawarded grounds on the Hot Springs Reservation for the use of the common schools of the corporation of the town of Hot Springs, as sites for school houses, and the lots when so designated are hereby dedicated to the use of common schools, and shall be used, controlled, and managed by the common school officials of the district in which they may be located for such purposes only. The Secretary of the Interior is also authorized to convey to the Baptist Church of Hot Springs, whose church edifice was destroyed by fire, a suitable lot of ground not exceeding one-eighth of an acre from that portion of the Hot Springs Reservation laid off into lots and blocks, and forming part of the town site but not awarded to any claimants and not otherwise disposed of by this act said conveyance to be on consideration of the payment of a sum equal to ten dollars per acre for said lot. SEC. 6. That the streets, courts, and alleys and other thoroughfares and alleys ceded of the town of Hot Springs, as surveyed, opened, or established by the commissioners and represented on the map of said town, and not included in the permanent reservation, be, and the same are hereby, ceded to the corporation of the town of Hot Springs for public use: town of Hot ch. 108. 5. 1878, Dec. 16, ch. Remainders of at auction at not Provided however that nothing in this act shall be so construed as to impair the rights or equities conferred upon claimants to said land by an act of Congress approved March third, eighteen hundred and seventy-seven, and an act approved December sixteenth eighteen hundred and seventy-eight, in relation to the Hot Springs reservation in the State of Arkansas. SEC. 7. That that portion of the Hot Springs Reservation laid off into lots, &c., to be sold lots and blocks and forming part of the town site, but not awarded to less than apprais- any claimants, and not otherwise disposed of or reserved by this act, shall be sold at public auction to the highest bidder, at not less than its appraised value, to be made from time to time, at the discretion and under the direction of the Secretary of the Interior, and after public notice in the usual way in the sale of public lands; al. Proceeds of sale; how disposed of. And the money arising from said sales, as well as any money paid in under section one of this act, shall be held as a special fund for the improvement and care of the permanent reservation at Hot Springs and of the Hot Springs Creek adjacent to and between the permanent reservations, and for the maintenance of free baths for the invalid poor of the United States, as provided by acts of Congress. [June 16, 1880.] CHAPTER 247. June 16, 1880. 21 Stat. L., 290. Jurors' and wit AN ACT IN RELATION TO THE MILEAGE OF JURORS AND WITNESSES IN THE STATE OF COLORADO. Jurors' and witnesses' fees in United States courts in Colorado. Be it enacted, &c., That jurors and witnessess in the district and cirnesses' fees in cuit courts of the United States in and for the State of Colorado, shall United States be entitled to receive fifteen cents for each mile actually traveled in R. S., § 848, 852. coming to or returning from said courts. [June 16, 1880.] courts of Colorado. |