May 4, 1880. 21 Stat. L., 111. CHAPTER 81. AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF THE ARMY FOR THE FISCAL cent. to be added to cost of stores men. 1145. R. S., § 1144, 1879, June 23, ch. 35, § 1. That to the cost of all stores and other articles sold to officers and sold to officers and men, except tobacco, as provided for in section one thousand one hundred and forty-nine of the Revised Statutes, ten per centum shall be added to cover wastage, transportation, and other incidental charges, Save that subsistence supplies may be sold to companies, detachments, and hospitals at cost prices, not including cost of transportation, upon the certificate of an officer commanding a company or detachment, or in charge of a hospital, that the supplies are necessary for the exclusive use of such company, detachment, or hospital. 1881, Feb. 24, ch. 79, § 1, par. 2. except subsistence supplies to companies, &c., and tobacco. * [May 4, 1880.] CHAPTER 84. or SECTION May 8, 1880. AN ACT TO AUTHORIZE THE SALE OF FORT LOGAN, MONTANA TERRITORY, and to Military post to 2. Fort Logan reservation in Montana to be sold, &c. [SECTION 1], That the Secretary of War be and he is hereby authorbe established at ized and empowered to establish a new military post at or near the Musnear Mussel sel Shell River in the Territory of Montana, as he may deem best for Shell River, Montana. the protection of the frontier from Indian incursions: Provided, The total cost of the same shall not exceed the sum of fifty thousand dollars. Fort Logan resSEC. 2. The Secretary of War is hereby authorized and directed, after ervation in Mon- due notice, to sell at public auction or otherwise dispose of in parcels or tana to be sold, otherwise, as he may deem most advantageous to the government, the site, reservation and buildings of Fort Logan, Montana Territory, and re-invest the proceeds of such sale in the erection of the post authorized by the first section of this act: &c. Provided, That such portion of said buildings, or of the materials thereof, as can be profitably removed to said new post, may be reserved from sale and so removed. [May 8, 1880.] May 11, 1880. 21 Stat. L., 131, 132. CHAPTER 85. AN ACT MAKING APPROPRIATIONS FOR THE CURRENT AND CONTINGENT EXPENSES SECTION 1. Par. 1. Secretary of Interior may purchase Par. 2. Limitation of annual expenditures at 4. Indians not to be granted permits to go into SECTION -Secretary of Interior to prevent Indians going there. 6. Secretary of Treasury to place semi-annual interest to credit of L'Anse and Vieux de Sert bands of Chippewas. Be it enacted, &c. [SECTION 1.] terior may pur [Par. 1.] That the Secretary of the Interior be, and he is hereby, au- Secretary of Inthorized, whenever it can be done advantageously, to purchase for use chase articles made in the Indian service, from Indian manual and training schools, in the at Indian training manner customary among individuals such articles as may be manufact- schools. ured at such schools, and which are used in the Indian service. Ac- R. S., § 2083. counts of such transactions shall be kept in the Indian Bureau and in the training schools, and reports thereof made from time to time. [Par. 2.] That teachers and Indians employed at agencies in any capacity shall not be construed as part of agency employees named in section five of the act making appropriations for the Indian service for the fiscal year ending June thirtieth, eighteen hundred and seventy-six, approved March third, eighteen hundred and seventy-five. * * Limitation of an nual expenditures at Indian agencies not to apply to sums paid teachers and Indians. 1875, March 3, ch. 132, § 5. SEC. 4. # * And provided further, That all officers and agents Indians not to of the Army and Indian Bureaus are prohibited, except in a case spe- be granted permits cially directed by the President, from granting permission in writing or to go into Texas; otherwise to any Indian or Indians on any reservation to go into the dismissal for violaState of Texas under any pretext whatever; and any officer or agent of tion. the Army or Indian Bureau who shall violate this provision shall be dismissed from the public service. officers liable to And the Secretary of the Interior is hereby directed and required to -Secretary of Intake at once such other reasonable measures as may be necessary in con- terior to prevent nection with said prohibition to prevent said Indians from entering said Indians going there. State. semi-annual inter SEC 6. That the Secretary of the Treasury be, and he is hereby, Secretary of authorized and directed, semi-annually, to place to the credit of the Treasury to place L'Anse and Vieux de Sert bands of Chippewas, of Lake Superior, under est to credit of the provisions of the act entitled "An act to authorize the Secretary of L'Anse and Vieux the Interior to deposit certain funds in the United States Treasury in de Sert bands of lieu of investment", approved April first, eighteen hundred and eighty, Chippewas. interest upon twenty thousand dollars, being the unexpended balance of R. S., § 3659. 1874, June 22, ch. money belonging to the said Indians appropriated under the provisions 388, par. 2. of the act entitled "An act making appropriations to supply deficiencies 1876, June 10, ch. in the appropriations for the service of the government for the fiscal 122. years ending June thirtieth, eighteen hundred and seventy-three and 1880, April 1, ch. eighteen hundred and seventy-four, and for other purposes", approved June twenty-second, eighteen hundred and seventy-four, and now to their credit on the books of the Treasury, said unexpended balance and interest thereon to be applied as provided in said act. [May 11, 1880.] 41. When claimant [SECTION 1], That when a pre-emption, homestead, or timber-culture claimant shall file a written relinquishment of his claim in the local land- files relinquishoffice, the land covered by such claim shall be held as open to settlement ment of claim, land and entry without further action on the part of the Commissioner of R. S., §§ 2257 the General Land Office. open to entry. 2288. R. S., §§ 22892317, 2464-2668. 1878, June 14, ch. 190. In case of can contestant to be notified. SEC. 2. In all cases where any person has contested, paid the landcellation of entry, office fees, and procured the cancellation of any pre-emption, homestead, or timber-culture entry, he shall be notified by the register of the landoffice of the district in which such land is situated of such cancellation, and shall be allowed thirty days from date of such notice to enter said lands: time to file home Provided, That said register shall be entitled to a fee of one dollar for the giving of such notice, to be paid by the contestant, and not to be reported. Settlers on pub- SEC. 3. That any settler who has settled, or who shall hereafter settle, lic lands allowed on any of the public lands of the United States, whether surveyed or stead applications. unsurveyed, with the intention of claiming the same under the homeR. S., $2289- stead laws, shall be allowed the same time to file his homestead application and perfect his original entry in the United States land-office as is now allowed to settlers under the pre-emption laws to put their claims on record, and his right shall relate back to the date of settlement, the same as if he settled under the pre-emption laws. [May 14, 1880.] 2317. May 18, 1880. 21 Stat. L., 141. Tolls not to be CHAPTER 95. AN ACT TO ABOLISH ALL TOLLS AT THE LOUISVILLE AND PORTLAND CANAL. Expenses; how paid. Be it enacted, &c., That after the first day of July, eighteen hundred charged on Louis- and eighty, no tolls shall be charged or collected at the Louisville and ville and Portland Portland Canal, but the Secretary of War shall be authorized to draw Expenses; how his warrant from time to time upon the Secretary of the Treasury to pay the actual expenses of operating and keeping said canal in repair. [May 18, 1880.] paid. 1874, May 11, ch. 165, § 3. 16 Opin. Att'y Gen., 557. May 24, 1880. CHAPTER 100. AN ACT TO CREATE AN ADDITIONAL LAND DISTRICT IN THE STATE OF KANSAS. Be it enacted, &c. SECTION 2. Register and receiver. Northern land [SECTION 1], That all that portion of the northwestern land district district in Kansas. in the State of Kansas, lying and being situated west of the third guide R. S., § 2256, 2d meridian west of the sixth principal meridian, be, and hereby is, constied., p. 409. tuted a new land district, to be called the northern land district. SEC. 2. That the President, by and with the advice and consent of the Senate, is hereby authorized to appoint a register and a receiver for R. S., § 2234- said district, who shall discharge like and similar duties, and receive the same amount of compensation allowed to other officers discharging like duties in the other land-offices of said State. [May 24, 1880.] -register and receiver for. 2247. May 27, 1880. 21 Stat. L., 142. CHAPTER 105. AN ACT TO CONSTRUE AND DEFINE "AN ACT TO CEDE TO THE STATE OF OHIO THE SECTION 1. Act ceding to Ohio certain lands in Virginia 2. Surveys returned to land office by March 3, SECTION 3. Officers and soldiers of Virginia line have three years to perfect land title. 4. Grant to Ohio Agricultural and Mechanical College not interfered with. Be it enacted, &c. [SECTION 1], That the act ceding to the State of Ohio the lands remain- Act ceding to ing "unsurveyed and unsold" in the Virginia military district, in the Ohio certain lands State of Ohio, had no reference to lands which were included in any defined as not inVirginia district survey or entry within said district founded upon military warrant or cluding surveyed warrants upon Continental establishment; and the true intent and lands, &c. meaning of said act was to cede to the State of Ohio only such lands 1871, ch. 56 (16 as were unappropriated, and not included in any survey or entry within Stat. L., 416). said district, which survey or entry was founded upon military warrant or warrants upon Continental establishment. SEC. 2. That all legal surveys returned to the land office on or before Surveys returned March third, eighteen hundred and fifty-seven, on entries made on or to land office by before January first, eighteen hundred and fifty-two, and founded on un-clared valid. March 3, 1857, desatisfied Virginia military Continental warrants, are hereby declared valid. SEC. 3. That the officers and soldiers of the Virginia line on Conti- Officers and solnental establishment, their heirs or assigns, entitled to bounty-lands, diers of Virginia which have, on or before January first, eighteen hundred and fifty-two, line to have three been entered within the tract reserved by Virginia, between the Little Years to perfect land Miami and Sciota Rivers, for satisfying the legal bounties to her officers and soldiers upon Continental establishment, shall be allowed three years from and after the passage of this act to make and return their surveys for record to the office of the principal surveyor of said district, and may file their plats and certificates, warrants, or certified copies of warrants, at the General Land Office, and receive patents for the same. SEC. 4. This act shall not in any way affect or interfere with the title to any lands sold for a valuable consideration by the Ohio Agricultural Agricultural, &c., and Mechanical College, grantee, under the act of February eighteenth, College not intereighteen hundred and seventy-one. [May 27, 1880.] Grant to Ohio fered with. 1871, Feb. 18, ch. 56 (16 Stat. L., 416). CHAPTER 106. AN ACT TO AMEND AND RE-ENACT SECTIONS TWENTY-FIVE HUNDRED AND FIFTY-TWO 1. Yorktown, Va., a port of entry, and East River and Cumberland ports of delivery. 2. Richmond, Va., a port of entry; what to include. Be it enacted, &c. SECTION 3. Collector, deputy collector, and surveyors May 27, 1880. 21 Stat. L., 143. [SECTION 1], That paragraph four of section twenty-five hundred and Yorktown, Va., fifty-two of the Revised Statutes be, and the same is hereby, amended a port of entry, and so that it shall read: East The district of Yorktown: To comprise all the waters and shores from the point forming the south shore of the mouth of the Rappahannock River, and from the mouth of York River to Cappahoosic, in which York- 4. town shall be the port of entry, and East River and Cumberland ports of delivery " SEC. 2. And that paragraph seventh of section twenty-five hundred and fifty-two of the Revised Statutes be, and the same is hereby, a amended so that it shall read: Richmond, Va., port of entry; what to include. R. S., § 2552, par. "The district of Richmond: To comprise all the waters and shores of 7. the James River, from its junction with the Appomattox River to the highest tide-waters of the James River, and all the waters and shores of the York River from Cappahoosic to its head, and the waters and shores of the Pamunkey and Mattaponi Rivers, to the highest tide-waters in said rivers, in which the port of entry hall extend from Richmond and Manchester to Bermuda Hundreds, and to West Point, at the head of York River." SEC. 3. And that paragraph seventh of section twenty-five hundred and fifty-three of the Revised Statutes be, and the same is hereby, amended, so that it shall read: collector, depusurveyors for. ty collector, and R. S., § 2553, par. 7. "In the district of Richmond, a collector and a surveyor, who shall reside at Richmond; a surveyor, who shall reside at Bermuda Hundred; and a deputy-collector, who shall reside at West Point." [May 27, 1880.j May 28, 1880. 21 Stat. L., 143. CHAPTER 107. AN ACT FOR THE RELIEF OF SETTLERS UPON THE OSAGE TRUST AND DIMINISHED- SECTION 1. Settlers on Osage trust lands allowed further 2. Remaining lands subject to disposal to set- 3. Proceedings in case of default in payment for Be it enacted, &c. SECTION 4. When lands subject to taxation, &c. 6. Town-site laws not interfered with. [SECTION 1], That all actual settlers under existing laws upon the Settlers on Osage Osage Indian trust and diminished reserve lands in Kansas (any failure trust lands allowed to comply with such existing laws notwithstanding) shall be allowed further time to sixty days after a day to be fixed by public notice by advertisement in make proof and pay purchase two newspapers in each of the proper land districts, which day shall not be later than ninety days after the passage of this act, within which to make proof of their claims, and to pay one fourth the purchase price thereof, and the said parties shall pay the balance of said purchase price in three equal annual installments thereafter: money. R. S., § 2283, 1874, June 23, ch. 2284. 488. 1876, Aug. 11, ch. 259. In case of default in payment, land forfeited and to be sold. Remaining lands subject to disposal to settlers. Provided, That nothing herein contained shall be construed to prevent an earlier payment of the whole or any installment of said purchase money as aforesaid. And if default be made by any settler in the payment of any portion or installment at the time it becomes due under the foregoing provisions, his entire claim, and any money he may have paid thereon, shall be forfeited, and the land shall, after proper notice, be offered for sale according to the terms hereinafter prescribed, unless before the day fixed for such offering, the whole amount of purchase money shall be paid by said claimant, so as to entitle him to receive his patent for the tract embracing his claim. SEC. 2. That all the said Indian lands remaining unsold and unap propriated and not embraced in the claims provided for in section one of this act, shall be subject to disposal to actual settlers only, having the qualifications of pre-emptors on the public lands. Such settlers shall make due application to the register with proof of settlement and qualifications as aforesaid; and, upon payment of not less than one-fourth the purchase price shall be permitted to enter not exceeding one quarter section each, the balance to be paid in three equal installments, with like penalties, liabilities and restrictions as to default and forfeiture as provided in section one of this act. Proceedings in SEC. 3. All lands upon which such default has continued for ninety case of default in days shall be placed upon a list, and the Secretary of the Interior shall payment for ninety cause the same to be duly proclaimed for sale in the manner prescribed days. for the offering of the public lands, but not exceeding one quarter section shall be sold to any one purchaser, at a price not less than the price fixed by law, but such lands, upon which such default shall be made, shall be offered for sale by advertisement of not less than thirty days in two newspapers in the proper land districts respectively and unless the purchase price be fully paid before the day named in the notice, shall be sold for cash to the highest bidder at not less than the price fixed by law. And all such lands, subject to unpaid overdue installments, shall be so offered once every year. And if any of said lands shall remain unsold after the offering as |