gineers in Navy: and that the title of second assistant engineer shall be changed to their title, &c. assistant engineer: Provided, That the regulations of the Navy Department in relation to the examinations and amount of sea-service previous to each examinations be complied with. R. S., 1390, 1394, 1476, 1556. Cadet-engineers; course of instruction of, at Naval Academy. R. S., § 1524. SEC. 2. That from and after the thirtieth day of June eighteen hundred and seventy-four, the course of instruction at the Naval Academy for cadet engineers shall be four years, instead of two as now provided by law; and this provision shall first apply to the class of cadet-engineers entering the academy in the year eighteen hundred and seventyfour, and to all subsequent classes; and that all acts or parts of acts inconsistent herewith be, and are hereby, repealed. [February 24, 1874.] CHAPTER 36. POINT February 24, 1874. AN ACT TO WITHHOLD FROM SALE THE SITE OF THE OLD LIGHT-STATION AT NAYATT 18 Stat. L., 18. Site of old light Site of old light-station at Nayatt Point reserved from sale. Be it enacted, &c., That the Secretary of the Treasury be, and he is station at Nayatt hereby, authorized and directed to withhold from sale the site of the old light-station at Nayatt Point. [February 24, 1874.] Point reserved from sale. R. S., § 4675. CHAPTER 43. March 3, 1874. 18 Stat. L., 18. La Messilla land district in New Mexico; location of land-office. R. S., § 2256, 2d Ed., p. 411. Register and receiver of, and where to reside. R. S., § 2234. AN ACT CREATING AN ADDITIONAL LAND DISTRICT IN THE TERRITORY OF NEW MEXICO. SECTION 1. La Messilla land district in New Mexico; lo- Be it enacted, &c. SECTION 2. Register and receiver of, and where to reside. [SECTION 1], That all that portion of the Territory of New Mexico lying south of the principal base line of said Territory shall constitute a separate land district, to be called the La Messilla land-district, the office of which shall be located at such place in said district as the President of the United States may direct, which may be changed from time to time as the public interest may require. SEC. 2. That the President shall appoint, by and with the advice and consent of the Senate, a register and receiver of public moneys for said district, and said officers shall reside in the place where said land-office is located, and they shall have the same powers, perform the same duties, and receive the same emoluments as are or may be prescribed by law in relation to land offices of the United States in other Territories [March 3, 1874.] March 4, 1874. 18 Stat. L., 19. Secretary of War CHAPTER 44. AN ACT AUTHORIZING THE CHIEF CLERK OF THE WAR DEPARTMENT TO SIGN REQUI- Secretary of War may authorize chief clerk to sign requisitions, &c., in his absence. Be it enacted, &c., That when, from illness or other cause, the Secremay authorize tary of War is temporarily absent from the War Department, he may chief clerk to sign authorize the chief clerk of the Department to sign requisitions upon requisitions, &c., in his absence. the Treasury Department, and other papers requiring the signature of R. S., §§ 177, 215, said Secretary; the same, when signed by the chief clerk during such 179, 3673. 1877, Feb. 27, ch. temporary absence, to be of the same force and effect as if signed by 1877, Feb. 27, ch. the Secretary of War himself. [March 4, 1874.] 69, par. 2. CHAPTER 46. AN ACT TO AMEND THE FIFTEENTH SECTION OF AN ACT APPROVED JUNE EIGHTH, Oath to be taken by Postmaster-General and all persons in postal service. Before what officer may be taken. Oath to be taken Be it enacted, &c., (1) That section fifteen of the act "to revise, consolidate and amend the statutes relating to the Post Office Department," by Postmaster Genapproved June eighth, eighteen hundred and seventy-two, be amended eral and all per to read as follows: "SEC. 15. That before entering upon the duties, and before they shall receive any salary, the Postmaster General, and all persons employed in the postal service, shall respectively take and subscribe before some magistrate or other competent officer authorized to administer oaths by the laws of the United States, or of any State or Territory, the following oath or affirmation: "I, A. B. do solemnly swear (or affirm, as the case may be,) that I will faithfully perform all the duties required of me and abstain from everything forbidden by the laws in relation to the establishment of post-offices and post-roads within the United States; and that I will honestly and truly account for and pay over any money belonging to the said United States which may come into my possession or control; "And I also further swear (or affirm) that I will support the Constitution of the United States; so help me God.' sons in postal service. R. S., § 391. form of. before what offi R. S., § 392. "And this oath or affirmation may be taken before any officer civil or military holding a commission under the United States, and such officer cer may be taken. is hereby authorized to administer and certify such oath or affirmation." [March 5, 1874.] NOTE.(1) Section fifteen of the act of 1872, ch. 335 (17 Stat. L., 287), here referred to, is incorporated into the Revised Statutes in § 391. CHAPTER 47. AN ACT TO AUTHORIZE THE SECRETARY OF THE TREASURY TO DISCONTINUE THE FOR A BOARDING STATION IN MOBILE BAY. Secretary of the Treasury may use revenue-cutter Relief as a boarding station in district of Mobile. March 5, 1874. 18 Stat. L., 20. Be it enacted, &c., That the Secretary of the Treasury be, and is here- Sec'y of Treasury by, authorized to discontinue the use of the "Relief" as a revenue cut- may use revenueter, and to station said vessel in Mobile Bay for use as a boarding sta- cutter "Relief" as tion for the customs officers of the district of Mobile, under such rules, in district of Moa boarding station regulations, and conditions as the Secretary of the Treasury may from bile. time to time prescribe. [March 5, 1874.] R. S., § 2758. CHAPTER 50. AN ACT MAKING AN APPROPRIATION TO PAY THE OPERATORS OF THE GOVERNMENT Telegraph be Departments; how That said lines of telegraph shall be for the use only of Senators, Members of Congress, Judges of the United States courts, and officers tween Capitol and of Congress and of the Executive Departments, and solely on public used. business. [March 7, 1874.] 1874, Feb. 4, ch. 22; June 23, ch. 461. March 13, 1874. 18 Stat. L., 21. Persons planting CHAPTER 55. AN ACT TO AMEND THE ACT ENTITLED “AN ACT TO ENCOURAGE THE GROWTH of SECTION 1. Persons planting and protecting for eight But only one quarter-section, and only one 2. How to make entry for benefit of act. Required to break and plant certain number In case of death of person after three years, Be it enacted, &c. SECTION 3. Failing to cultivate and protect, or abandon- 5. Lands not liable for debts contracted before 6. Commissioner to make rules. Fees of regis ters and receivers. 7. Perjury, how punished. 8. Entries under former act may be completed. [SECTION 1], (Sup.) [That the act entitled (2) "An act to encourage and protecting for the growth of timber on western prairies," approved March third, eigheight years, timber on the public lands, teen hundred and seventy-three, be, and the same is hereby, amended entitled to patents. so as to read as follows: R. S., 2317, 2464-2468. 102. 1876, May 20, ch. 1877, Mar. 3, ch. 127. 1878, June 3, ch. 152; June 14, ch. 190. 89. 1880, May 14, ch. But only one quarter section, and only one entry to be made, except, &c. How to make en act. R. S., § 2465. That any person who is the head of a family or who has arrived at the age of twenty-one years, and is a citizen of the United States, or who shall have filed his declaration of intention to become such, as required by the naturalization laws of the United States, who shall plant, protect, and keep in a healthy, growing condition for eight years, forty acres of timber, the trees thereon not being more than twelve feet apart each way, on any quarter-section of any of the public lands of the United States, or twenty acres on any legal subdivision of eighty acres, or ten acres on any legal subdivision of forty acres, or one-fourth part of any fractional subdivision of land less than forty acres, shall be entitled to a patent for the whole of said quarter-section, or of such legal subdivision of eighty or forty acres, or fractional subdivision of less than forty acres, as the case may be, at the expiration of said eight years, on making proof of such fact by not less than two credible witnesses: Provided, That not more than one-quarter of any section shall be thus granted, and that no person shall make more than one entry under the provisions of this act, unless fractional subdivisions of less than forty acres are entered which, in the aggregate, shall not exceed one quartersection.] SEC. 2. (Sup.) [That the person applying for the benefit of this act try, for benefit of shall, upon application to the register of the land-district in which he or she is about to make such entry, make affidavit before the register, or the receiver, or some officer authorized to administer oaths in the district where the land is situated, who is required by law to use an official seal, that said entry is made for the cultivation of timber, and upon filing said affidavit with said register and said receiver, and on payment of ten dollars, he or she shall thereupon be permitted to enter the quantity of land specified; Required to break and plant certain number of acres each year for three years. And the party making an entry of a quarter-section under the provisions of this act shall be required to break ten acres of the land covered thereby the first year, ten acres the second year, and twenty acres the third year after date of entry, and to plant ten acres of timber the second year, ten acres the third year, and twenty acres the fourth year after date of entry. A party making an entry of eighty acres shall break and plant at the times hereinbefore prescribed, one-half of the quantity required of a party who enters a quarter-section, and a party entering forty acres shall break and plant, at the times hereinbefore prescribed, one-quarter of the quantity required of a party who enters a quarter-section, or a proportionate quantity for any smaller fractional subdivision: Provided, however, That no final certificate shall be given or patent and patent, how issued for the land so entered until the expiration of eight years from Final certificate NOTES. (1) This whole act seems to be superseded by act of 1878, June 14, ch. 190. R. S., § 2466. In case of death the date of such entry; and, if at the expiration of such time, or at any issued after eight time within five years thereafter, the person making such entry, or if he years. or she be dead, his or her heirs or legal representatives shall prove, by two credible witnesses, that he, or she, or they have planted, and, for not less than eight years, have cultivated and protected such quantity and character of timber as aforesaid, they shall receive a patent for such quarter-section or legal subdivision of eighty or forty acres of land, or for any fractional quantity of less than forty acres, as herein provided. And in case of the death of a person who has complied with the provisions of this act for the period of three years, his heirs or legal repre- of person after sentatives shall have the option to comply with the provisions of this to have option of three years, heirs act, and receive, at the expiration of eight years, a patent for one hun- 40 acres at once or dred and sixty acres, or receive without delay a patent for forty acres, 160 acres at end of relinquishing all claim to the remainder.] eight years. SEC. 3. (Sup.) [That if at any time after the filing of said affidavit, Failing to cultiand prior to the issuing of the patent for said land, the claimant shall vate and protect, or abandon the land, or fail to do the breaking and planting required by render same subabandoning land, this act, or any part thereof, or shall fail to cultivate, protect, and keep ject to entry under in good condition such timber, then, and in that event, such land shall homestead laws. be subject to entry under the homestead laws, or by some other person R. S., § 2467. under the provisions of this act: 1876, May 20, ch. 102. 1879, July 1, ch. Provided, That the party making claim to said land, either as a home1878, June 3, ch. stead settler or under this act, shall give, at the time of filing his appli- 152. June 14, ch. cation, such notice to the original claimant as shall be prescribed by the 190. rules established by the Commissioner of the General Land-Office, and 63, 2 the rights of the parties shall be determined as in other contested cases.] SEC. 4. (Sup.) [That each and every person who, under the provis ions of the act entitled (3) "An act to secure homesteads to actual setPersous having homesteads on tlers on the public domain,” approved May twentieth, eighteen hundred public land, cultiand sixty-two, or any amendment thereto, having a homestead on said vating one acre of public domain, who at any time after the end of the third year of his timber for two or her residence thereon shall, in addition to the settlement and improve- years entitled to ments now required by law, have had under cultivation, for two years, patent. R. S., § 2289one acre of timber, the trees thereon not being more than twelve feet 2290, 2300-2331. apart each way, and in a good thrifty condition, for each and every sixteen acres of said homestead, shall, upon due proof of such fact by two credible witnesses receive his or her patent for said homestead.] debt or SEC. 5. (Sup.) [That no land acquired under the provisions of this act shall in any event become liable to the satisfaction of any debts contracted prior to the issuing of certificate therefor.] SEC. 6. (Sup.) [That the Commissioner of the General Land-Office is hereby required to prepare and issue such rules and regulations, consistent with this act, as shall be necessary and proper to carry its provisions into effect; Lands not liable for debts contracted before issue of certificate. R. S., § 2468. Fees of registers R. S., § 2238. And that the registers and the receivers of the several land-offices shall each be entitled to receive two dollars at the time of entry, and the same and receivers. sum when the claim is finally established and the final certificate issued.] SEC. 7. (Sup.) [That the (4) fifth section of the act entitled "An act in addition to an act to punish crimes against the United States, and for other purposes," approved March third, eighteen hundred and fiftyseven, shall extend to all oaths, affirmations, and affidavits required or authorized by this act.] SEC. 8. (Sup.) [That parties who have already made entries under the act approved March-third, eighteen hundred and seventy-three, of which this is amendatory, shall be permitted to complete the same upon full compliance with the provisions of this act.] [March 13, 1874.] NOTES.-(3) The act of 1862, ch. 75 (12 Stat. L., 392), is incorporated into Revised Statutes in the sections noted in the margin.. (4) Section 5 of the act of 1857, ch. 166 (11 Stat. L., 250), here referred to, appears to have been omitted from the Revised Statutes, but R. S. § 5392 may perhaps cover the cases, in whole or in part, to which the omitted section applied. Perjury, how punished. 1857, ch. 116, § 5. R. S., 5392. under Entries former act may bo completed. CHAPTER 57. . AN ACT TO PROVIDE FOR THE ISSUING AND RECORDING OF COMMISSIONS TO POST- Commissions of postmasters appointed by President; how to be made, sealed, and recorded. Provided, That the said seal shall not be affixed to any such commission until after the same shall have been signed by the President of the United States. [March 18, 1874.] CHAPTER 62. March 23, 1874. 18 Stat. L., 23. Jurisdiction of zens dent. R. S., 6 40834091, 4098-4121, 4125. AN ACT TO AUTHORIZE THE PRESIDENT TO ACCEPT FOR CITIZENS OF THE UNITED SECTION 1. Jurisdiction of courts of Ottoman government SECTION 2. Law ceding right to foreigners to hold immovable property in Turkey may be accepted by President for citizens of United States. Proclamation. [SECTION 1], That whenever the President of the United States courts of Ottoman shall receive satisfactory information that the Ottoman government, government and Egypt over citi- or that of Egypt, has organized other tribunals on a basis likely to of United secure to citizens of the United States, in their dominions, the same States may be ac- impartial justice which they now enjoy there under the judicial funccepted, and that of tions exercised by the minister, consuls, and other functionaries of consular courts sus the United States, pursuant to the act of Congress approved the twentypended, by Presisecond of June, eighteen hundred and sixty, entitled (1) "An act to carry into effect provisions of the treaties between the United States, China, Persia, and other countries, giving certain judicial powers to ministers and consuls, or other functionaries of the United States in those countries, and for other purposes," he is hereby authorized to suspend the operations of said acts as to the dominions in which such tribunals may be organized, so far as the jurisdiction of said tribunals may embrace matters now cognizable by the minister, consuls, or other functionaries of the United States in said dominions, and to notify the gov ernment of the Sublime Porte, or that of Egypt, or either of them, that the United States, during such suspension will, as aforesaid accept for their citizens the jurisdiction of the tribunals aforesaid over citizens of the United States which has heretofore been exercised by the minister, consuls, or other functionaries of the United States. (2) 1878, June 14, ch. 193. See proclamation 1876, No. 3, pp. 625, 626. Law ceding right SEC. 2. That the President is hereby authorized for the benefit of to foreigners to American citizens residing in the Turkish dominions, to accept the property in Tur- recent law of the Ottoman Porte ceding the right of foreigners possesskey may be accept- ing immovable property in said dominions. (3) [March 23, 1874.] hold immovable ed by President for citizens of United States. See Procl. 1874, No. 10, p. 623. NOTES. (1) The provisions of the act of 1860, ch. 179 (12 Stat. L., 72), here referred to, are incorporated into Revised Statutes in the several sections noted in the margin. (2) The President issued his proclamation March 27, 1876, under this provision, suspending the juris diction of consular courts, as therein provided. See proclamation hereinafter printed, p. —. (3) The President issued his proclamation under this section October 29, 1874, accepting the law of the Ottoman Porte ceding the right of foreigners possessing immovable property in the Turkish dominions, which with the protocol and law are hereinafter printed, p 623. |