CHAPTER 190. AN ACT TO AMEND AN ACT TO PROVIDE FOR THE SALE OF A PORTION OF THE RES- - present occupants may be allowed further time 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: 1876, August 15, ch. 308. 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. acres, owing to the legal subdivisions being made fractional by boundary-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 to make payments. time for making the deferred payments required by said act for the lands 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 occupants must have cultivated land one year, 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., §§ 22892317. Additional en tries over 80 acres previously taken, &c. -provisions as to such additional entry. Occupant must And any person who has, under existing laws, taken a homestead on any even section within the limits of any railroad or military road landgrant, 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; 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 have cultivated 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.] CHAPTER 192. March 3, 1879. 20 Stat. L., 472. Notice of inten AN ACT TO PROVIDE ADDITIONAL REGULARIONS FOR HOMESTEAD AND PRE-EMPTION - proof after thirty days. 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 stead 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. 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.] March 3, 1879. 20 Stat. L., 473. CHAPTER 194. AN ACT PROVIDING FOR AN ADDITIONAL ASSOCIATE JUSTICE OF THE SUPREME COURT SECTION 1. Dakota supreme court to have four judges. SECTION 5. The additional judge assigned to fourth district temporarily. 6. Jurisdiction of court in fourth district. 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 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. 1 SEC. 2. It shall be the duty of the President to appoint an additional associate justice of said supreme court, in manner now provided by law, who shall hold his office for the term of four years and until his successor is appointed and qualified. Supreme court of addition al judge; how appointed. R. S., § 1864. - four judicial districts in. 1865, SEC. 3. The said Territory shall be divided into four judicial districts, and a district court shall be held in each district by one of the justices R. S., of the supreme court, at such time and place as may be prescribed by 1873. law; each judge, after assignment, shall reside in the district to which he is assigned. SEC. 4. Until changed by the legislative assembly of said Territory, the fourth district of said Territory shall consist of the following counties, to wit: Clay, Union, Lincoln, Minnehaha, Moody, Brookings, Duel, Grant, Codington, Lake, Wood, Hamlin, Clark, Greeley, Stone, Turner, and McCook, and the Sisseton and Wahpeton Indian reservation. And the second district shall consist of the remainder of the Territory which now constitutes said second district, as defined by the statutes of said Territory. Fourth district; what to include. The additional SEC. 5. Temporarily, and until otherwise provided by law, the additional associate justice to be appointed under this act is hereby assigned judge assigned to to said fourth district, and the times and places as now fixed by the porarily. statutes of said Territory for holding court therein shall remain until changed by law. Jurisdiction of trict. SEC. 6. The district court of said fourth judicial district shall have no jurisdiction to try, hear, or determine any matter or cause wherein the court in fourth disUnited States is a party, and no United States grand or petit jury shall be summoned in said court; But said fourth district is hereby attached to and made a part of the second judicial district for the purpose of hearing and determining all matters and causes arising within said fourth district in which the United States is a party. [March 3, 1879.] CHAPTER 195. AN AUT TO PROVIDE FOR TAKING THE TENTH AND SUBSEQUENT CENSUSES. 10. Pay of enumerators. forms for accounts of time occupied, &c. 11. Subdivisions not to exceed 4,000 inhabitants. -additional enumerators in certain cases. - boundaries of, to be described. 12. Punishment for neglect. 13. for receiving fee, reward, &c., for employment of enumerator or clerk. 14. Information by members of families and penalty for refusal, &c. -by officers of corporations. 15. Penalties; how recovered. 16. Papers and documents which may be mailed free of postage. -penalty for illegal use of privilege. 17. Schedules of Revised Statutes altered. Railroad corporations; facts concerning, to be obtained. Be it enacted, &c. SECTION Express companies. Telegraph companies. Fire and marine insurance companies. 18. Enumerators to collect facts. -except as to mortality in certain cities hav. -and except as to manufacturing and social Experts; their employment, oath, duties, pay, &c. Schedules of interrogatories to be prepared. -when to be completed. 20. Maximum cost limited. 21. Information may be obtained from other de- 22. States taking census between national cen- 23. Supervisors and enumerators may be removed 24. Subsequent censuses to be taken according to [SECTION 1], That a census of the population, wealth, and industry of the United States shall be taken on or for the date, June first, eighteen hundred and eighty. ch. 57. 1881, March 3, ch. 132, § 4. NOTE. (1) This act seems to supersede and repeal all the provisions of the Revised Statutes on the subject in $2175-2205, retaining, by § 17 of this act, the schedules set forth in R. S., § 2206. It is so understood by the Superintendent of the Census. March 3, 1879. 20 Stat. L., 473. Census to be taken June, 1880. ment. Census Office in SEC. 2. That there shall be established in the Department of the In Interior Depart- terior an office to be denominated the Census Office, the chief officer of which shall be called the Superintendent of the Census, whose duty it shall be, under the direction of the head of the department, to superin. tend and direct the taking of the Tenth Census of the United States, in accordance with the laws relating thereto, and to perform such other duties as may be required of him by law. Superintendent, SEC. 3. The Superintendent of Census shall be appointed by the Presichief clerk, em- dent, by and with the advice and consent of the Senate; and he shall ployés, &c. receive an annual salary of five thousand dollars; Supervisors. And the Secretary of the Interior may appoint a chief clerk of the Census Office, six clerks of class four, ten clerks of class three, fifteen clerks of class two, with such number of clerks of class one, and of copyists and computers at salaries of not less than seven hundred dollars or more than one thousand dollars, as may be found necessary for the proper and prompt compilation and publication of the results of the enumeration of the census herein provided to be taken. And upon such compilation and publication of said census, said office of Superintendent shall cease, and the period of service of said clerks shall end. SEC. 4. The Secretary of the Interior shall, on or before the first day of March, eighteen hundred and eighty, designate the number, whether one or more, of supervisors of census, to be appointed within each State or Territory, who shall be residents of the State or Territory. The supervisors shall be appointed by the President of the United States, by and with the advice and consent of the Senate. The total number of such supervisors shall not exceed one hundred and fifty. Oath of office by The Superintendent and the supervisors shall, before entering upon Superintendent the duties of their offices, repectively, take and subscribe the following and supervisors. oath or affirmation: Supervisors' du ties. -as to apportionment of districts. -to employ enumerators. I, (Superintendent or supervisor, as the case may be), do solemnly swear or affirm that I will support the Constitution of the United States, and perform and discharge the duties of the office of (Superintendent or supervisor, as the case may be), according to law, honestly and correctly, to the best of my ability; which oath shall be filed in the office of the Secretary of the Interior. SEC. 5. Each supervisor of census shall be charged with the performance, within his own district, of the following duties: To propose to the Superintendent of Census the apportionment of his district into subdivisions most convenient for the purpose of enumeration; To designate to the Superintendent of Census suitable persons, and, with the consent of said Superintendent, to employ such persons as 1880, April 20, enumerators within his district, one for each subdivision, and resident ch. 57, § 5. therein, who shall be selected solely with reference to their fitness, and without reference to their political or party affiliations, according to the apportionment approved by the Superintendent of Census; -to transmit forms, &c. -to instruct enumerators. To transmit to enumerators the printed forms and schedules issued from the Census Office, in quantities suited to the requirements of each subdivision; To communicate to enumerators the necessary instructions and directions relating to their duties, and to the methods of conducting the census, and to advise with and counsel enumerators in person and by letter, as freely and fully as may be required to secure the purposes of this act; and under the direction of the Superintendent of Census, and to facilitate the taking of the census with as little delay as possible, he may cause to be distributed by the enumerators, prior to the taking of the enumeration, schedules to be filled up by householders and others; - to provide for To provide for the early and safe transmission to his office of the transmission of re- returns of enumerators, embracing all the schedules filled by them in the course of enumeration, and for the due receipt and custody of such returns pending their transmission to the Census Office; turns. turns. To examine and scruitnize the returns of enumerators, in order to Supervisors to ascertain whether the work has been performed in all respects in com- examine, &c., repliance with the provisions of law, and whether any town or village or integral portion of the district has been omitted from enumeration; To forward to the Superintendent of Census the completed returns of to forward comhis district in such time and manner as shall be prescribed by the said pleted returns. Superintendent, and in the event of discrepancies or deficiencies appear ing in the returns from his district, to use all diligence in causing the same to be corrected or supplied; To make up and forward to the Superintendent of Census the accounts to make up acrequired for ascertaining the amount of compensation due under the counts, &c., of provisions of this act to each enumerator of his district. compensation. SEC. 6. Each supervisor of census shall, upon the completion of his -pay of. duties to the satisfaction of the Secretary of the Interior, receive the sum of five hundred dollars in full compensation for all services rendered and expenses incurred by him, except an allowance for clerk hire may be made, at the discretion of the Superintendent of Census. Enumerator's SEC. 7. No enumerator shall be deemed qualified to enter upon his duties until he has received from the supervisor of census of the dis. qualification, &c. .trict to which he belongs a commission, under his hand, authorizing him to perform the duties of an enumerator, and setting forth the boundaries of the subdivision within which such duties are to be performed by him. He shall, moreover, take and subscribe the following oath or affirmation: "I, an enumerator for taking the census of the United States, do solemnly swear (or affirm) that I will make a true and exact enumeration of all the inhabitants within the subdivision assigned to me, and will also faithfully collect all other statistics therein, as provided for in the act for taking the census, and in conformity with all lawful instructions which I may receive, and will make due and correct returns thereof as required by said act, and will not disclose any information contained in the schedules, lists, or statements obtained by me to any person or persons, except to my superior officers. (Signed) Which said oath or affirmation may be administered by any judge of a court of record, or any justice of the peace empowered to administer oaths; and a copy thereof, duly authenticated, shall be forwarded to the supervisor of census before the date fixed herein for the commencement of the enumeration. oath of. 1880, April 20, ch. 57, § 6. SEC. 8. It shall be the duty of each enumerator, after being qualified duties of. in the manner aforesaid, to visit personally each dwelling-house in his subdivision, and each family therein, and each individual living out of a family in any place of abode, and by inquiry made of the head of such family, or of the member thereof deemed most credible and worthy of trust, or of such individual living out of a family, to obtain each and every item of information and all the particulars required by this act, as of date June first, eighteen hundred and eighty. And in case no person shall be found at the usual place of abode of such family or individual living out of a family competent to answer the inquiries made in compliance with the requirements of this act, then it shall be lawful for the enumerator to obtain the required information, as nearly as may be practicable, from the family or families or person or persons living nearest to such place of abode: Indians not taxed Provided, That Indians not taxed shall be omitted from the enumeration; but the Superintendent of Census may employ special agents or to be omitted, but other means to make an enumeration of all Indians not taxed, within may be otherwise the jurisdiction of the United States, with such information as to their condition as may be obtainable. SEC. 9. And it shall be further the duty of each enumerator to forward the original schedules, duly certified, to the supervisor of census of his district, as his returns under the provisions of this act. enumerated. Original sched. ules to be forward ed to supervisors. 1880, April 20, ch. 57, § 6. |