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R. S., § 2466.
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 act, and receive, at the expiration of eight years, a patent for one hundred and sixty acres, or receive without delay a patent for forty acres, relinquishing all claim to the remainder.]
In case of death
three years, heirs to have option of 40 acres at once or 160 acres at end of eight years.
Failing to culti
SEC. 3. (Sup.) [That if at any time after the filing of said affidavit, and 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 subthis 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 settlers on the public domain," approved May twentieth, eighteen hundred homesteads 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. one acre of timber, the trees thereon not being more than twelve feet 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.]
SEC. 5. (Sup.) [That no land acquired under the provisions of this act shall in any event become liable to the satisfaction of any debt or 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;
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 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.]
R. S., § 22892290, 2300-2331.
Lands not liable
for debts contract-
R. S., § 2468.
Fees of registers and receivers. R. S., § 2238.
SEC. 8. (Sup.) [That parties who have already made entries under the act approved March-third, eighteen hundred and seventy-three, of former act may bo 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.
CHAPTER 57. .
March 18, 1874.
18 Stat. L., 23.
postmasters appointed by Presihow to made, sealed, and
R. S., §§ 1794, 3830.
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.]
March 23, 1874. 18 Stat. L., 23.
R. S., § 40834091, 4098-4121,
AN ACT TO AUTHORIZE THE PRESIDENT TO ACCEPT FOR CITIZENS OF THE UNITED
1. Jurisdiction of courts of Ottoman government
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 citior that of Egypt, has organized other tribunals on a basis likely to zens 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 consularcourts 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 government 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,
Law ceding right to foreigners to property in Turkey may be accept
ed by President for citizens of United States.
See Procl. 1874, No. 10, p. 623.
SEC. 2. That the President is hereby authorized for the benefit of American citizens residing in the Turkish dominions, to accept the recent law of the Ottoman Porte ceding the right of foreigners possessing immovable property in said dominions. (3) [March 23, 1874.]
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 jurisdiction 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,
AN ACT TO AMEND THE ACT ENTITLED "AN ACT TO PREVENT THE EXTERMINATION
DRED AND SEVENTY.
Secretary of Treasury to designate months for taking seals on Saint Paul and Saint George Islands, and number on each.
March 24, 1874.
18 Stat. L., 24.
Sec'y of Treasury to designate months for taking
seals on Saint Paul
Be it enacted, &c., That the act entitled (1) "An act to prevent the extermination of fur-bearing animals in Alaska," approved July first, eighteen hundred and seventy, is hereby amended so as to authorize the Secretary of the Treasury, and he is hereby authorized, to designate and Saint George the months in which fur-seals may be taken for their skins on the islands Islands, and numof Saint Paul and Saint George, in Alaska, and in the waters adjacent ber on each. thereto, and the number to be taken on or about each island respect- R. S., §§ 1960ively. (2) [March 24, 1874.]
NOTES.-(1) The act of 1870, ch. 189 (16 Stat. L., 180), is incorporated into Revised Statutes in the sections referred to in the margin.
(2) The Secretary of the Treasury designated, under this act, the months of June, July, August (from the first to the fifteenth of said month), September, and October, as those in which fur-seals might be taken, and the number to be not more than ninety thousand on Saint Paul Island, and not more than ten thousand on Saint George Island per annum, and the agreement with the lessees of those islands was modified accordingly March 25, 1874.
AN ACT TO ESTABLISH BONDED WAREHOUSES FOR THE STORING AND CLEANSING OF
Bonded warehouses for storing, &c., imported rice; may be established at ports of entry.
AN ACT TO AMEND THE ACT ENTITLED "AN ACT TO WITHDRAW FROM SETTLEMENT
March 26, 1874.
18 Stat. L., 25.
Certain lands in Laramie County, Wyoming, reserved for city of Cheyenne for reservoir.
Certain lands in Laramie County, Wyoming, reserved for city of Cheyenne for reservoir. Be it enacted, &c., That the first section of the act aforesaid be, and the same is hereby, amended so that it shall read as follows: "Be it enacted, &c., That the north half and the southeast quarter of section thirty, in township fourteen north, of range sixty-six west, of the public lands in Laramie County, Wyoming Territory, be, and the same is hereby, withdrawn from settlement and sale under existing laws, and reserved for the use of the city of Cheyenne, in said county, for the (17 Stat. L.. 158). purpose of enabling the proper authorities of said city to construct and maintain on said land a reservoir of water for the supply of said city." [March 26, 1874.]
1872, ch. 204, § 1
AN ACT TO APPROVE AN ACT OF THE LEGISLATIVE ASSEMBLY OF THE DISTRICT OF
Approval of act of District of Columbia relating to Protestant Episcopal Churches.
Be it enacted, &c., That the act of the legislative assembly of the District of Columbia entitled "An act for the relief of parishes of the Protestant Episcopal Church in the District of Columbia," approved June twenty-sixth, eighteen hundred and seventy-three, be, and the same is hereby, approved; and that all acts now in force in the District of Columbia, inconsistent therewith, be, and the same are hereby repealed. [March 28, 1874.]
NOTE. (1) The act of the District legislature, here referred to, 1873, ch. 57, is as follows:
[SECTION 1], That in any parish of the Protestant Episcopal Church now existing in said District,
Provided, That in the case of a newly organized parish all male members of any church or congregation in communion with the Protestant Episcopal Church in the District of Columbia, of full age and uniting in the organization of such new parish, shall be qualified to vote at the first clection of Vestrymen thereof.
SEC. 2. That hereafter vestries of the Protestant Episcopal Church shall not be obliged to meet on any stated days or at any particular place, but only at such times and places as they may find most convenient; and if any vacancy shail happen in vestries after their election, or any person elected a vestryman shall refuse to serve, then the other vestrymen shall have power to appoint a person or persons, as the case may be, to serve until the next succeeding election; and any parish, by a vote of the majority of its qualified voters may at any parish meeting provide that the wardens of such parish shall be elected in the same manner as vestrymen, and be members of the vestry; and vestries shall have power to make all rules and regulations respecting the temporal government and support of their respective parishes, not inconsistent with public law.
SEC. 3. That vestries now existing shall be regarded as legally constituted, notwithstanding irregu larities in their election or defect of qualifications in the voters by whom they were elected, and are hereby confirmed in their offices until the period appointed by law for the next election of vestries. SEC. 4. That all acts or parts of acts now in force in the District of Columbia respecting the right and privileges of associate rector in parishes of the Protestant Episcopal Church in said District be and the same are hereby repealed. (June 26, 1873.]
April 7, 1874.
18 Stat. L., 27.
AN ACT CONCERNING THE PRACTICE IN TERRITORIAL COURTS, AND APPEALS THERE
1. In territorial courts, common-law and chan- !
Right of trial by jury preserved.
2. Appellate jurisdiction of Supreme Court of
- in cases heretofore appealed and now pend-
Whereas, by the organic acts establishing several of the Territories of the United States, it is provided that certain courts thereof shall have commonlaw and chancery jurisdiction, and doubts have been entertained whether said jurisdictions must be exercised separately, or whether they may be exercised together in the same proceeding, and whether the codes and rules of practice adopted in said Territories which have authorized a mingling of said jurisdictions in the same proceeding, or a uniform course of proceeding in all cases legal and equitable, are repugnant to the said organic acts respectively: Therefore,
Be it enacted, &c.
[SECTION 1], That it shall not be necessary in any of the courts of the courts, common- several Territories of the United States to exercise separately the comlaw and chancery jurisdiction need mon-law and chancery jurisdictions vested in said courts; and that the not be exercised several codes and rules of practice adopted in said Territories respectseparately; and ively, in so far as they authorize a mingling of said jurisdictions or a codes, rules, &c., uniform course of proceeding in all cases whether legal or equitable, be mingling same confirmed; and that all proceedings heretofore had or taken in said confirmed. 1866 courts in conformity with said respective codes and rules of practice, 1868, 1907, 1908. so far as relates to the form and mode of proceeding, be, and the same are hereby, validated and confirmed:
Provided, That no party has been or shall be deprived of the right of trial by jury in cases cognizable at common-law.
Right of trial
by jury preserved. Appellate juris
Court of United
SEC. 2. That the appellate jurisdiction of the Supreme Court of the United States over the judgments and decrees of said Territorial courts diction of Supreme in cases of trial by jury shall be exercised by writ of error, and in all States, how exerother cases by appeal according to such rules and regulations as to form cised. and modes of proceeding as the said Supreme Court have prescribed or may hereafter prescribe:
Provided, That an appeal, instead of the evidence at large, a statement of the facts of the case in the nature of a special verdict, and also the rulings of the court on the admission or rejection of evidence when excepted to, shall be made and certified by the court below, and transmitted to the Supreme Court together with the transcript of the proceedings and judgment or decree; but no appellate proceedings in said Supreme Court, heretofore taken upon any such judgment or decree, shall be invalidated by reason of being instituted by writ of error or by appeal:
R. S., 702, 703, 1909, 1911. Proceedings on
R. S., § 698. 99 U. S.,
And provided further, That the appellate court may make any order in cases heretoin any case heretofore appealed, which may be necessary to save the fore appealed and rights of the parties; and that this act shall not apply to cases now pending in the Supreme Court of the United States where the record has already been filed. [April 7, 1874.]
AN ACT TO ESTABLISH A RESERVATION FOR CERTAIN INDIANS IN THE TERRITORY OF
Public land in Montana reserved for certain Indian tribes.
April 15, 1874. 18 Stat. L., 28.
Public land in
Be it enacted, &c., That the following described tract of country, in the Territory of Montana, be, and the same is hereby, set apart for the Montana reserved use and occupation of the Gros Ventre, Piegan, Blood, Blackfoot, River for certain Indian Crow, and such other Indians as the President may, from time to time, see fit to locate thereon, viz:
Commencing at the northwest corner of the Territory of Dakota, being the intersection of the forty-ninth parallel of north latitude and the one hundred and fourth meridian of west longitude; thence south to the south bank of the Missouri river; thence up and along the south bank of said river, to a point opposite the mouth of the Maria's river; thence along the main channel of the Maria's river to Birch Creek; thence up the main channel of Birch Creek to its source; thence west to the summit of the main chain of the Rocky Mountains; thence along the summit of the Rocky Mountains to the northern boundary of Montana; thence along said northern boundary to the place of beginning. [April 15, 1874.]
R. S.,.§§ 1903,
AN ACT AUTHORIZING THE PAYMENT OF ANNUITIES INTO THE TREASURY OF THE
Consent of tribe to be obtained.
April 15, 1874. 18 Stat. L., 29.
Be it enacted, &c., That the Commissioner of Indian Affairs, with the sanction of the Secretary of the Interior and the President of the United to Seminole IndiStates, in distributing and paying annuities, interest, or other moneys distributed. ans, how paid and now due or hereafter to become due to the Seminole tribe of Indians Treaty, Art. 8 under the provisions of the eighth article of the treaty between the Creek (11 Stat. L., 702).
and Seminole Indians and the United States, concluded August seventh, 2082.