entitled to draw And where cans, manufactured in whole or in part of imported mate- Cans filled with rial, filled with products grown or produced in the United States, are domestic products exported for benefit of such drawback, the same shall, in all cases, be back on export; entitled to the drawback provided for in the preceding section where when, &c. the imported material used in the manufacture of such cans shall equal R. S., §§ 3019, seventy per centum of the value of all the material used in the manu- 3020. facture thereof. [March 10, 1880.] CHAPTER 38. AN ACT AUTHORIZING THE SECRETARY OF THE INTERIOR AND SECRETARY OF WAR Secretary of War to appoint seventy additional clerks for Surgeon-General's Office. March 16, 1880. 21 Stat. L., 67. That the Secretary of War be, and he is hereby, authorized to appoint Secretary of War seventy additional clerks, forty for the office of the Surgeon-General, at to appoint seventy a salary of eighty-three and one-third dollars per month each, and thirty for Surgeon-Genadditional clerks clerks for the office of the Adjutant-General, at a salary of one hundred eral's office. dollars per month each; and purchase furniture for the use of said clerks R. S., § 215. in the office of the Surgeon General at a cost not exceeding one thousand 1874, June 19, ch. dollars; and that said clerks shall be exclusively engaged in preparing and making reports to expedite the settlement of pension applications called for by the Commissioner of Pensions, [March 16, 1880.] * 328, 1, par. 20. CHAPTER 39. AN ACT FOR THE RELIEF OF CERTAIN ACTUAL SETTLERS ON THE KANSAS TRUST AND March 16, 1880. 21 Stat. L., 68. Settlers on Kan [SECTION 1], That the persons included in the provisions of section one of the act approved July five, eighteen hundred and seventy-six sas Indian lands entitled, "An act providing for the sale of the Kansas Indian lands in may pay newlyappraised value. Kansas to actual settlers, and for the disposition of the proceeds of the 1876, July 5, ch. sale", or the heirs, legal representatives and assigns of said persons, 168. shall be permitted to complete the payment for the lands to which they are entitled under said act, at the newly appraised value as ascertained and approved by the Secretary of the Interior, under section three of said act, and in completing such payment credit shall be given for all sums heretofore paid as principal and interest, which sums shall be considered as constituting one instalment upon the present appraised value at the date when the last payment thereof was made; And the balance shall be paid in three equal instalments, the first to -payment; how be paid on or before the first day of January eighteen hundred and made. eighty-one, and the remaining instalments shall be payable annually from the date of the first; Each instalment to draw interest at the rate of six per centum per annum, from the date when the last payment heretofore made, was received by the district office: Settlers on Kan Provided, That if any of said persons have failed to make payment sas Indian lands in heretofore of any portion of the purchase money, as required under the possession, who have not paid, to act aforesaid, or the act of June twenty-third, eighteen hundred and make entry before seventy-four, relating to these lands, such persons, their heirs, legal January, 1881, to representatives or assigns, being in possession thereof shall be required, pay by install prior to the first day of January eighteen hundred and eighty-one, to ments, give bond, &c. make entry and pay for their respective claims in three equal instal1874, June 23, ch. ments, the first on the day of entry and the remaining instalments annually from that date and drawing interest at the rate of six per centum per annum until paid; bond being required in case of timbered lands to prevent waste as in section one of said act; 471. Lands not in possession may be entered. Those who have mer acts may pay And where such persons their heirs legal representatives or assigns are not in possession of said lands then the same may be entered as others of the said Kansas Indian lands, by actual settlers only. SEC. 2. That all persons who have made entries under section two of entered under for- the act of June twenty-third, eighteen hundred and seventy-four, relating newly-appraised to these lands, may complete their payments upon such entries at the newly appraised value thereof in the same manner and upon the same terms, credits, and limitations as are provided in section one of this value. 1874, June 23, ch. 471, § 2. -failing to make entries to forfeit rights, and lands to be sold. 1876, July 5, ch. 168, § 5. Actual settle act. SEC. 3. That the terms of the proviso of section two of the act of July fifth, eighteen hundred and seventy-six, relating to default and forfeiture shall extend to all entries and requirements under the provisions of this act. SEC. 4. Actual settlement on any of said lands shall be regarded as ment on contigu- sufficient in all cases where the claimant actually resides on contiguous ous land, &c., suf- land to which he holds the legal title, and has heretofore cultivated and made valuable improvements on his adjoining claim, in good faith, for the purpose of a home for himself: ficient. Provided, Said claimant shall in all other respects comply with the law and the regulations issued thereunder by the General Land Office. [March 16, 1880.] CHAPTER 40. AN ACT TO RESTORE TO THE PUBLIC DOMAIN THE MILITARY RESERVATION KNOWN April 1, 1880. 21 Stat. L., 69. Fort Ripley res ervation land turn tary of Interior, ex - subject to entry under pre-emption and Rights of present occupants to date from set- Be it enacted, &c. Persons who have paid minimum price to have patents. Tracts having government buildings thereon to be appraised and sold at not below appraisal. 3. Repeal. [SECTION 1], That the Secretary of War be, and he is hereby, authored over to Secre- ized and required to turn over to the Department of the Interior all of cept strips granted the military reservation known as the Fort Ripley reservation, in the to Western Rail- State of Minnesota, except a strip or tract of land fifty feet in width road Company. from the centre of the railroad track on each side of said track of the 1857, ch. 99 (11 1865, ch. 105 (13 Stat. L., 526). Stat. L., 195). Western Railroad Company of Minnesota, as the said track is located and constructed, being a distance of about fifteen miles across said reservation on the east side of the Mississippi River; Together with a tract of land fifteen hundred feet in length and three hundred feet in width for depot and station purposes at the present location of the Fort Ripley side track, the same being for right of way for said railroad as heretofore granted by acts of Congress in the years eighteen hundred and fifty-seven, and eighteen hundred and sixty-five and which is hereby granted for that purpose. SEC. 2. All the lands embraced in said Fort Ripley reservation hereby Fort Ripley resrequired to be turned over to the Secretary of the Interior shall be sub. ervation: subject to entry under preject to entry by actual settlers under the pre-emption and homestead emption and laws as minimum lands, of the rate of one dollar and twenty-five cents homestead laws. per acre, from and after the passage of this act. R. S., § 22572289, 2317. date from settle The rights of all actual settlers entitled to the benefits of the pre- Rights of presemption or homestead laws who now occupy said lands shall date from ent occupiers to the day of their actual settlement thereon; and in perfecting their titles ment. thereto under the homestead or pre-emption laws the time such settlers have occupied and improved their said lands shall be allowed: Provided, That all persons who purchased and paid for any of said lands at the sale authorized by the War Department in the year anno Domini eighteen hundred and fifty-seven and paid therefor the minimum price of one dollar and twenty-five cents per acre shall be entitled to patents for the same without further payment: persons who have paid minimum price to have patents. Tracts having And provided further, That the Secretary of the Interior shall, prior to offering any quarter section, half quarter section, or quarter quar- government buildter section whereon are situate any public buildings or improvements, appraised and sold ing thereon to be erected or made by the government, cause the said tracts with the at not below apimprovements thereon to be appraised by three disinterested persons, praisal. and upon his approval of such appraisement shall dispose of said tracts at not less than the appraised value. SEC. 3. All acts and parts of acts inconsistent with the provisions of Repeal. this act are hereby repealed, and this act shall take effect and be in force from and after its passage. [April 1, 1880.] CHAPTER 41. AN ACT TO AUTHORIZE THE SECRETARY OF THE INTERIOR TO DEPOSIT CERTAIN FUNDS Secretary of Interior may deposit Indian trust Interest; how payable; permanent appropriation April 1, 1880. 21 Stat. L., 70. Secretary of In R. S., § 3659. Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, authorized to deposit, in the Treasury of the United States, any terior may deposit and all sums now held by him, or which may hereafter be received by in Treasury. him, as Secretary of the Interior and trustee of various Indian tribes, on account of the redemption of United States bonds, or other stocks and securities belonging to the Indian trust-fund, and all sums received on 388, par. 2. account of sales of Indian trust lands, and the sales of stocks lately pur- 122. chased for temporary investment, whenever he is of the opinion that 1880, May 11, ch. the best interests of the Indians will be promoted by such deposits, in 85, § 6. lieu of investments; And the United States shall pay interest semi-annually, from the date Interest; how of deposit of any and all such sums in the United States Treasury, at payable; permanent appropriathe rate per annum stipulated by treaties or prescribed by law, and such tion for same. payments shall be made in the usual manner, as each may become due, without further appropriation by Congress. [April 1, 1880.] CHAPTER 47. AN ACT FOR PROTECTION OF THE POTOMAC FISHERIES IN THE DISTRICT OF COLUM- April 6, 1880. 21 Stat. L., 71. In District of Co- Be it enacted, &c. lumbia, certain [SECTION 1], That it shall not be lawful to fish with fyke-net, poundfishing in Potomac net, stake-net, weir, float-net, gill-net, haul-seine, or any other contriv River prohibited from May 30 to ance stationary or floating, in the waters of the Potomac River within .January 1. the District of Columbia, after the thirtieth day of May in any year. During fishing SEC. 2. That during the fishing season, namely, from the first day of season, time be- January to the thirtieth day of May in every year, there shall be obSaturday and mid- served in each week, a closed season, beginning at sundown on Saturnight Sunday day evening, and ending at midnight on Sunday night during which closed, &c. time it shall be unlawful to lay out any haul seine or float net or to fish the same, and all stake-nets, and the leaders of all hedges or pounds, fyke-nets and weirs shall be lifted clear of the water so as to allow unobstructed passage to the fish: tween sundown Black bass or salmon not to be taken except with hook and line. Shad or herring not to be sold, &c., after June 10. Penalty; disposition of fines; pay to informer. Act does not pro Provided, That in the case of weirs it will be sufficient to remove a section of the hedging next the pound or pen, not less than twelve feet in length. SEC. 3. That it shall be unlawful for any person to take, in any other manner than by angling, or with the out line, any fish of the species known as "black bass" or "salmon". SEC. 4. That it shall be unlawful for any person to have in possession or expose for sale in the District of Columbia, after the tenth day of June in any year, fish of the shad or herring species (fresh) under a penalty of five dollars for every fish so exposed or found in possession. SEC. 5. That any person who shall offend against any of the provisions of this act, shall be deemed guilty of a misdemeanor, and upon sufficient proof thereof in the Police Court or other court of the District shall be fined not less than ten nor more than one hundred dollars for each offense and shall forfeit to the District his nets, boats and other apparatus, which shall be sold and the proceeds of such sales and all fines accruing under this act shall be paid into the Treasury, and therefrom, to the informer, in each case where conviction ensues, shall be paid the sum of ten dollars: Provided, That nothing in this act shall be construed to prohibit anhibit fishing with gling or fishing with the out line, or to prevent the Commissioner of Fish the out-line, nor and Fisheries, or his agents, from taking from the waters named, in sioner of Fisheries any manner desired, fish of any kind for scientific purposes or for the from taking fish. purposes of propagation. [April 6, 1880.] prevent Commis CHAPTER 48. April 7, 1880. 21 Stat. L., 71. Postmaster-Gen AN ACT TO PROVIDE FOR A DEFICIENCY IN THE APPROPRIATIONS FOR THE TRANS- Provided, That the Postmaster General shall not hereafter have the eral not to expe- power to expedite the service under any contract either now existing dite any mail servor hereafter given to a rate of pay exceeding fifty per centum upon the exceeding 50 per contract as originally let. ice at rate of pay cent. of contract. R. S., § 3961. [April 7, 1880.] * CHAPTER 49. AN ACT GIVING THE CONSENT OF CONGRESS TO AN AGREEMENT OR COMPACT ENTERED Cession of part Whereas the general assembly of the State of Vermont at its October ses sion, anno Domini eighteen hundred and seventy-six, passed an act which of town of Fair was approved on the twenty-seventh day of November of the same year, State of New York. Haven, Vt., to declaring that "all that portion of the town of Fair Haven, in the county Preamble. of Rutland, and State of Vermont, lying westerly from the middle of the deepest channel of Poultney River as it now runs, and between the middle of the deepest channel of said river and the west line of the State of Vermont as at present established, is hereby ceded and relinquished to the State of New York in full and absolute right and jurisdiction." And also declaring that "this act shall not take effect until the State of New York shall have assented to the same, nor until the same shall have been approved by an act of the Congress of the United States"; and Whereas the people of the State of New York represented in senate and assembly" did by act approved March twentieth, anno Domini eighteen hundred and seventy-nine, enact that "sovereignty and jurisdiction over all that portion of the town of Fair Haven, in the county of Rutland and State of Vermont, lying westerly from the middle of the deepest channel of Poultney River, as it now runs, and between the middle of the deepest channel of said river and the west line of the State of Vermont, as at present established", "and the same is described in an act of the legislature of the State of Vermont entitled 'An act annexing that portion of the town of Fair Haven, lying west of Poultney River, to the State of New York' and approved by the governor of the said State of Vermont November twenty-seventh, anno Domini eighteen hundred and seventy-six, and the cession of the same to the State of New York is hereby accepted by the State of New York"; and also enacting that "this act shall take effect when the Congress of the United States shall consent to such cession and annexation": Therefore, Be it enacted, &c., That the consent of the Congress of the United assented to by States is hereby given to the said agreement, compact, and cession, and Congress, every part and article thereof. [April 7, 1880.] SECTION CHAPTER 56. AN ACT RELATING TO JUSTICES OF THE PEACE IN THE TERRITORIES. 1. Justices of the peace in Territories to fill vacancies; how appointed. April 16, 1880. Be it enacted, &c. Justices of peace [SECTION 1], That when from any cause there shall be a vacancy in the office of justice of the peace in any of the Territories of the United in Territories to States, it shall be lawful to fill such vacancy by appointment or election, appointed. fill vacancies; how in such manner as has been or may be provided by the governor and R. S., § 1856. legislative assembly of such Territory: Provided, That such appointee, or person elected to fill such vacancy, to hold only till shall hold office only until his successor shall be regularly elected and qualified as provided by law. SEC. 2. That all laws and parts of laws in conflict with the provisions of this act be, and the same are hereby, repealed. [April 16, 1880.] successors are elected, &c. Repeal. |