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Warrants for payment.

And for the repayment of the purchase money and fees herein provided for the Secretary of the Interior shall draw his warrant on the Treasury and the same shall be paid without regard to the date of the cancellation of the entries. [June 16, 1880.]

June 16, 1880.

21 Stat. L., 287.

CHAPTER 245.

AN ACT TO GRANT THE STATE OF NEVADA LANDS IN LIEU OF THE SIXTEENTH AND
THIRTY-SIXTH SECTIONS IN SAID STATE.

Preamble.

Act of Nevada ac

cepting a grant of land

in lieu of sixteenth and thirty-sixth sections.

Land granted to Nevada instead of

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Whereas, the legislature of the State of Nevada on March eighth, eighteen hundred and seventy-nine, passed an act accepting from the United States a grant of two millions or more acres of land in lieu of the sixteenth and thirty-sixth sections therein, and relinquishing to the United States all such sixteenth and thirty-sixth sections in said State as have not been heretofore sold or disposed of by said State, and which act of said State is in words as follows, to wit:

"An act accepting from the United States a grant of two millions or more acres of land in lieu of the sixteenth and thirty-sixth sections, and relinquishing to the United States all such sixteenth and thirty-sixth sections as have not been sold or disposed of by the State.

"The people of the State of Nevada represented in Senate and assembly do enact as follows:

SECTION. 1. The State of Nevada hereby accepts from the United States not less than two millions of acres of land in the State of Nevada in lieu of the sixteenth and thirty-sixth sections heretofore grauted to the State of Nevada by the United States: Provided, That the title of the State and its grantees to such sixteenth and thirty-sixth sections as may have been sold or disposed of by the State prior to the enactment of any such law of Congress granting such two millions or more acres of land to the State shall not be changed or vitiated in consequence of or by virtue of such act of Congress granting such two millions or more acres of land, or in consequence of or by virtue of this act surrendering and relinquishing to the United States the sixteenth and thirty-sixth sections unsold or undisposed of at the time such grant is made by the United States.

"SEC. 2. The State of Nevada, in consideration of such grant of two millions or more acres of land by the United States, hereby relinquishes and surrenders to the United States all its claim and title to such sixteenth and thirty-sixth sections in the State of Nevada heretofore granted by the United States as shall not have been sold or disposed of subsequent to the passage of any act of Congress that may hereafter be made granting such two millions or more acres of land to the State of Nevada: Provided, That the State of Nevada shall have the right to select the two millions or more acres of land mentioned in the act":

Therefore,

Be it enacted, &c.

[SECTION 1], That there be, and are hereby, granted to the State of Nevada two million acres of land in said State in lieu of the sixteenth sixteenth and thir- and thirty-sixth sections of land heretofore granted to the State of Nety-sixth sections. vada by the United States: Provided, That the title of the State and its grantees to such sixteenth and thirty-sixth sections as may have been sold or disposed of by said State prior to the passage of this act shall not be changed or vitiated in consequence of or by virtue of this act.

- how selected.

how disposed of.

SEC. 2. The lands herein granted shall be selected by the State authorities of said State from any unappropriated, non-mineral, public land in said State, in quantities not less than the smallest legal subdivision; and when selected in conformity with the terms of this act the same shall be duly certified to said State by the Commissioner of the General Land Office and approved by the Secretary of the Interior.

SEC. 3. The lands herein granted shall be disposed of under such laws, rules, and regulations as may be prescribed by the legislature of the State of Nevada:

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Provided, That the proceeds of the sale thereof shall be dedicated to disposition of the same purposes as heretofore provided in the grant of the sixteenth proceeds of. and thirty-sixth sections made to said State.

SEC. 4. This act shall take effect from and after its passage. [June When act takes 16, 1880.]

effect.

CHAPTER 246.

AN ACT FOR THE ESTABLISHMENT OF TITLES IN HOT SPRINGS, AND FOR OTHER

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June 16, 1880.

21 Stat. L., 288.

1877, March 3,

[SECTION 1], That any person, his heirs or legal representatives, in Hot Springs lots whose favor the commissioners appointed under the acts of Congress of may be purchased eighteen hundred and seventy-seven and eighteen hundred and seventy- at 40 per cent. of eight, relative to the Hot Springs of Arkansas, have adjudicated, shall assessed value. have the sole right to enter and pay for the amount of land the commis- ch. 108. sioners may have adjudged him entitled to purchase, within eighteen 1878, Dec. 16, ch. months next after the expiration of the notice required by the tenth section of the act of Congress of March third eighteen hundred and seventyseven, to be given by paying to the receiver of public moneys at the land-office in Little Rock, Arkansas, forty per centum of the assessed value of said land as placed thereon by said commissioners; and that such assessments be reduced to that extent;

5.

may

And that in any cases where any church or church association has been --churches adjudged entitled to purchase land it may do so by paying five dollars purchase at $5 a per lot.

lot.

receivable for eu

SEC. 2. That the certificates (except certificate Number one hundred Certain certifiand sixty-two, issued to Samuel H. Stitt, DeWitt C Rugg, and Samuel cates for conW. Fordyce for twenty-two thousand dollars, which exceptions shall not demned buildings prejudice the rights of the United States or the holders of said certifi- tries and purchase cate.) issued for condemned buildings by said commissioners be made money. receivable for the amounts named therein as so many dollars lawful money of the United States in the entry and purchase of the lands that may be sold in the Hot Springs Reservation;

And that such certificates be assignable, and when assigned in the may be assigned. presence of two subscribing witnesses or the execution of the assignment thereof shall have been acknowledged before a court of record or clerk thereof, the land officers in like manner shall receive them from the assignee in payment of lands purchased by himself or others;

And in case the amount of the certificate presented and received at -proceedings such land office shall exceed that necessary to make the purchase and when amount of entry desired, there shall be executed by the register and receiver, and certificate exceeds delivered to the person from whom the same is received, a certificate purchase money. giving the number of the original, the date and amount thereof, the balance due such person thereon, and the certificate thus issued shall be assignable and receivable in like manner as the original, and in all cases where such certificates are issued the register of the land office shall cer tify on the original certificate taken up, the number of the lots purchased therewith, and the price thereof.

SEC. 3. That those divisions of the Hot Springs Reservation, known Mountainous dias the mountainous districts, not divided by streets on the maps made visions defined and by the commissioners, but known and defined on the map and in the dedicated to public

use.

Cemetery.

house sites.

report of the commissioners as North Mountain, West Mountain, and Sugar Loaf Mountain, be, and the same are hereby forever reserved from sale, and dedicated to public use as parks, to be known, with Hot Springs Mountain, as the permanent reservation.

SEC. 4. That whenever the town of Hot Springs shall procure elsewhere a suitable burying-ground and shall cause the bodies now buried in the cemetery lot, within the limits of said town, to be decently removed and reinterred, the title to said cemetery lot shall vest in the corporation of said town, to be held and used forever as a town or city park, and not otherwise.

Secretary of In- SEC. 5. That the Secretary of the Interior is hereby authorized to desterior to designate ignate six lots from the unawarded grounds on the Hot Springs Resersix lots for school- vation for the use of the common schools of the corporation of the town of Hot Springs, as sites for school houses, and the lots when so designated are hereby dedicated to the use of common schools, and shall be used, controlled, and managed by the common school officials of the district in which they may be located for such purposes only.

-to convey site to Baptist Church.

Streets, courts,

town of Hot

ch. 108.

1878, Dec. 16, ch.

The Secretary of the Interior is also authorized to convey to the Baptist Church of Hot Springs, whose church edifice was destroyed by fire, a suitable lot of ground not exceeding one-eighth of an acre from that portion of the Hot Springs Reservation laid off into lots and blocks, and forming part of the town site but not awarded to any claimants and not otherwise disposed of by this act said conveyance to be on consideration of the payment of a sum equal to ten dollars per acre for said lot.

SEC. 6. That the streets, courts, and alleys and other thoroughfares and alleys ceded of the town of Hot Springs, as surveyed, opened, or established by the Springs, &c. commissioners and represented on the map of said town, and not in1877, March 3, cluded in the permanent reservation, be, and the same are hereby, ceded to the corporation of the town of Hot Springs for public use: Provided however that nothing in this act shall be so construed as to impair the rights or equities conferred upon claimants to said land by an act of Congress approved March third, eighteen hundred and sev enty-seven, and an act approved December sixteenth eighteen hundred and seventy-eight, in relation to the Hot Springs reservation in the State of Arkansas.

5.

Remainders of

at auction at not

SEC. 7. That that portion of the Hot Springs Reservation laid off into lots, &c., to be sold lots and blocks and forming part of the town site, but not awarded to less than apprais- any claimants, and not otherwise disposed of or reserved by this act, shall be sold at public auction to the highest bidder, at not less than its appraised value, to be made from time to time, at the discretion and under the direction of the Secretary of the Interior, and after public notice in the usual way in the sale of public lands;

al.

Proceeds of sale; how disposed of.

And the money arising from said sales, as well as any money paid in under section one of this act, shall be held as a special fund for the improvement and care of the permanent reservation at Hot Springs and of the Hot Springs Creek adjacent to and between the permanent reservations, and for the maintenance of free baths for the invalid poor of the United States, as provided by acts of Congress. [June 16, 1880.]

CHAPTER 247.

June 16, 1880.

21 Stat. L., 290.

Jurors' and wit

AN ACT IN RELATION TO THE MILEAGE of JURORS AND WITNESSES IN THE STATE OF

COLORADO.

Jurors' and witnesses' fees in United States courts in Colorado.

Be it enacted, &c., That jurors and witnessess in the district and cirnesses' fees in cuit courts of the United States in and for the State of Colorado, shall United States be entitled to receive fifteen cents for each mile actually traveled in R. S., § 848, 852. coming to or returning from said courts. [June 16, 1880.]

courts of Colorado.

CHAPTER 248.

AN ACT GRANTING TO THE TERRITORY OF DAKOTA SECTION THIRTY-SIX, IN TOWN-
SHIP NUMBER FIFTY-SIX NORTH, OF RANGE NUMBER NINETY-FOUR WEST, IN THE
COUNTY OF YANKTON, IN SAID TERRITORY, FOR THE PURPOSES OF AN ASYLUM
FOR THE INSANE, AND GRANTING TO SAID TERRITORY ONE SECTION OF LAND, IN
LIEU OF SAID THIRTY-SIXTH SECTION, FOR SCHOOL PURPOSES.

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June 16, 1880.

21 Stat. L., 290.

Be it enacted, &c., That section thirty-six, in township number fifty-six Land granted to north of range number ninety-four west, in the county of Yankton, Ter- Dakota for insane ritory of Dakota, be, and the same is hereby, granted to said Territory asylum. for the purposes of an asylum for the insane;

And that there be, and is hereby, granted to said Territory one section for school purof land, in lieu of said thirty-sixth section, for school purposes; said poses. section to be selected by the governor of said Territory from any of the public lands subject to private sale or entry. Such selection, when so made, shall be certified by the said governor to the surveyor-general of said Territory and to the officers of the local land-office of the district in which such land may be situated; and from the filing of such certificate said land shall be withdrawn from private sale or entry, and shall be held as a portion of the lands granted to said Territory for school purposes. [June 16, 1880.]

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Machinists hon

Be it enacted, &c., That all men now serving in the Navy who may be discharged as machinists, with continuous-service certificates entitling orably discharged them to honorable discharge, and those discharged in the said rating November 20, 1879, from Navy since with such certificates since the twentieth day of November, eighteen to receive onehundred and seventy-nine, shall receive one-third of one year's pay as third of year's pay a machinist for each good-conduct badge they have received, or may in lieu of other exreceive, not exceeding three in number under the said certificates, the tras, &c. said gratuity to be received in lieu of re-enlistment as a machinist under such certificate, and to be in full and in lieu of all claims against the United States in connection therewith, for extra pay for re-enlisting, or for continuous service, or for enlistment as a petty-officer; and the amount necessary to carry out the provisions of this act is hereby appropriated, out of any money in the Treasury not otherwise appropriated:

Provided, That nothing herein contained shall be so construed as to prevent the re-enlistment of machinists in the Navy. [June 16, 1880.]

not prevented from re-enlisting.

CHAPTER 250.

AN ACT TO AMEND THE SIXTH SUB-DIVISION OF SECTION THIRTY-TWO HUNDRED AND
FORTY-FOUR OF THE REVISED STATUTES OF THE UNITED STATES.

Dealers in leaf-tobacco who purchase only of planters who produce the same, &c., to pay $5 special tax.
Be it enacted, &c., That the sixth sub-division of section thirty-two
hundred and forty-four of the Revised Statutes be amended by adding
thereto as follows:

June 16, 1880.

21 Stat. L., 291.

Dealers in leaf

"Provided further, That dealers in leaf-tobacco (other than retail dealers as defined in the seventh sub-division of the section) who do not deal tobacco who purin leaf tobacco otherwise than to sell, or offer for sale, or consign for sale chase, &c., only of

tax.

planters who pro- on commission, to an amount not exceeding twenty five thousand pounds duce the same, &c. in any one special-tax year, only such leaf-tobacco as they purchase or to pay $5 special receive in the hand directly from farmers or planters who have produced the same on land owned, rented, or leased by them, or received the same as rent from their tenants, who have produced the same on such lands, shall each be required to pay for carrying on such business a special tax of five dollars only.

R. S., § 3244.

1879, March 1, ch. 125, § 14.

16 Opin. Att'yGen., 89.

If any person who has paid such special tax shall be found to have purchased or received and sold, or consigned for sale on commission, more than twenty-five thousand pounds of leaf tobacco, such as is herein provided for, in any one special-tax year, the Commissioner of Internal Revenue is authorized and directed to assess such person an amount of tax equal to the difference between the special tax paid by him and the special tax of twenty-five dollars hereinbefore imposed upon a dealer in leaf tobacco". [June 16, 1880.]

CHAPTER 251.

June 16, 1880.

21 Stat. L., 291.

Preamble.

1861, Jan. 29, ch. 20 (12Stat. L., 126).

Treaty.

States from sale of

AN ACT TO CARRY INTO EFFECT THE SECOND AND SIXTEENTH ARTICLES OF THE
TREATY BETWEEN THE UNITED STATES AND THE GREAT AND LITTLE OSAGE
INDIANS, PROCLAIMED JANUARY TWENTY-FIRST, EIGHTEEN HUNDRED AND SIXTY-
SEVEN.

SECTION

Preamble.

1. Account to be stated of money received by
United States from sale of Osage trust lands.

SECTION

2. Amount to be credited to trust fund.
Like account to be stated of Indian-civiliza-
tion fund, &c.

Whereas by the act for the admission of the State of Kansas into the Union, approved January twenty ninth, eighteen hundred and sixty-one, the United States granted to said State the sixteenth and thirty-sixth sections "of every township of public lands in said State", but especially provided that the lands embraced within the Indian reservations in said State should not be alienated for any purpose, except with the consent of the Indians of such reservations, and in accordance with the conditions of the treaty authorizing such alienation; and

Whereas, by the treaty between the United States and the Great and Little Osage Indians, proclaimed January twenty-first, eighteen hundred and sixty-seven, a trust was created for the disposal of the lands of said Indians in the State of Kansas, the metes and bounds of which said lands are specifically set forth in said treaty, by which the United States bound itself to survey and sell any and all of such lands, "at a price not less than one dollar and twenty-five cents per acre, as other lands are surveyed and sold”, and to place "the proceeds of such lands as they accrue, after deducting all expenses incident to the proper execution of the trust, in the Treasury of the United States to the credit of said tribe of Indians"; and Whereas it is claimed that under the operation of the treaty herein referred to there are moneys due, both on account of grants and sales of lands, which have not been placed to the credit of said Indians, as provided for in said treaty: Therefore,

Be it enacted, &c.

Account to be [SECTION 11, That the Secretary of the Interior is hereby authorized stated of money re- and directed to cause an account to be stated of the number of acres of ceived by United the Osage lands in the State of Kansas that have in any way been alienOsage trust lands. ated by the United States, either by the act of January twenty-ninth, eighteen hundred and sixty one, entitled "An act for the admission of Kansas into the Union", or since the creation of the trust for the sale of these lands by the treaty between the United States and the Great and Little Osage Indians, proclaimed January twenty-first, eighteen hundred and sixty-seven, and of the money received by the United States on account of the sales of such lands, and to certify the difference between the sum so received and the sum that would be due said trust at the date of the account herein provided for had all of said lands so alienated been disposed of as provided for by said treaty.

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