said building, or the place at which said building is being or has been erected or repaired, and to make a report to the court, in which he shall sufficiently designate and describe by metes and bounds, and by a draught if necessary, the limits and extent of ground; and if approved by the court such report shall be conclusive upon all parties concerned; and the land so designated in such report shall, together with said buildings, be subjected to and charged with said lien. Satisfaction, SEC. 10. That whenever any person having a lien by virtue of the provisions of this act shall have received satisfaction for his claim when to be enter and the cost of his proceedings therein, he shall, upon the request of ed. any person interested, and upon the payment or tender of the costs of entering satisfaction, within two days after such payment or tender, enter satisfaction of his demand in the office of the clerk aforesaid: And upon failure to do so he shall forfeit fifty dollars to the party aggrieved, and all damages which he may have sustained by reason of such failure or neglect. failure to enter. SEC. 11. That in all proceedings under this act the defendant may Discharge of lien file a written undertaking, with two or more sureties, to be approved by bond of defendby the court, to the effect that he and they will pay the judgment ant with sureties. that may be recovered, and costs, which judgment shall be rendered against all persons so undertaking, and thereby release his property from the lien hereby created. No such undertaking shall be approved by the court until the complainants shall have had at least two days' notice of the defendant's intention to apply to the court therefor, which notice shall give the names and residences of the persons to be offered as sureties, and the time when the motion for such approval will be made; and such sureties shall make oath, if required, that they are worth, over and above all debts and liabilities, double the amount of said lien. The complainants, or any of them, may appear in open court and complainants make their objection to such approval, or file in the office of the may object to clerk of the court their or his objections in writing to such approval. bond. If such undertaking be approved before the filing of the aforesaid sureties to be bill in equity to enforce said lien, the said sureties shall be made parties to bill in equity parties thereto; and if after the filing of said bill, said sureties, upon the approval of said undertaking, shall ipso facto become parties thereto; and in either case the decree of the court shall run against them as well as the principal on such undertaking. Liens for filling SEC. 12. That any person or persons who shall furnish, at the request of the owner or his agent, materials to do any work on or lots, constructing labor in filling up any lot, or in erecting or constructing any wharf wharf, or dredgor other permanent fixtures thereon, or in dredging out the channel ing channel. in front of any wharf, under contract with the owner or his agent, shall be entitled to enforce a lien therefor upon the lots or wharves. SEC. 13. That any mechanic or artisan who shall make, alter, or repair any article of personal property, at the request of the owner, shall have a lien thereon for his just and reasonable charges for his work done and materials furnished, and he may retain the same in his possession until such charges shall be paid; And if not paid at the end of six months after the work is done, he may proceed to sell the property at public anction, by giving notice once a week for three consecutive weeks in some daily newspaper published in the District of Columbia; Lien on personal property; for making, altering, or repairing. Sale. Proceeds. And the proceeds of such sale shall be applied first in the discharge of such lien and the expense of selling such property, and the remainder, if any, shall be paid over to the owner thereof. SEC. 14. That so much and such parts of chapter twenty of the Repeal. Revised Statutes relating to the District of Columbia, and all other acts and parts of acts inconsistent with the provisions of this act, be, and the same are hereby, repealed; and this act shall take effect from the date of its passage. [July 2, 1884.] SUP R S-29 July 4, 1884. 23 Stat. L., 76. Repeal of laws cial agents. Sale of cattle of CHAP. 180.-An act making appropriations for the current and contingent expenses of the Indian Department, and for fulfilling treaty stipulations with various Indian tribes, for the year ending June thirtieth, eighteen hundred and eighty-five, and for other purposes. Be it enacted, &c. * * [Par. 1.] All provisions of law fixing compensation for Indian agents in excess of that herein provided are hereby repealed (1). * * * [Par. 2.] That special agents shall be allowed three dollars per diem for traveling and incidental expenses while traveling or actually on duty in the field, exclusive of cost of transportation and sleeping-car fare (2). * * * [Par. 3.] That where Indians are in possession or control of cattle Indians to persons or their increase which have been purchased by the Government not members of such cattle shall not be sold to any person not a member of the tribe same tribe prohibto which the owners of the cattle belong or to any citizen of the United States whether intermarried with the Indians or not except with the consent in writing of the agent of the tribe to which the owner or possessor of the cattle belongs. ited. R. S., SS 2127, 2138. Penalty. And all sales made in violation of this provision shall be void and the offending purchaser on conviction thereof shall be fined not less than five hundred dollars and imprisoned not less than six months. ** * Penalty for sell[Par. 4.] And no part of section twenty-one hundred and thirtying, donating, &c., nine or of section twenty-one hundred and forty of the Revised Statliquors to Indians by persons in utes shall be a bar to the prosecution of any officer, soldier, sutler or Army under any storekeeper, attache, or employe of the Army of the United States. circumstances. who shall barter, donate, or furnish in any manner whatsoever liqR. S., 2139, uors, wines, beer, or any intoxicating beverage whatsoever to any 2190. 17 Fed.Rep., Indian. * * * 75. to Indians, &c. 2302. Homestead laws [Par. 5.] That such Indians as may now be located on public made applicable lands, or as may, under the direction of the Secretary of the InteR. S., 88 2289, rior, or otherwise, hereafter, so locate may avail themselves of the provisions of the homestead laws as fully and to the same extent as may now be done by citizens of the United States; and to aid such Indians in making selections of homesteads and the necessary proofs at the proper land offices, one thousand dollars, or so much thereof as may be necessary, is hereby appropriated; but no fees or commissions shall be charged on account of said entries or proofs. 1875, Mar. 3, ch. 131, § 15, ante, p. 78. 1887, Feb. 8, ch. 119, post, p. 534. 1891, Feb. 28, ch. 383, post, 897. Lands to be held in trust by United States. &c. Officers and oth All patents therefor shall be of the legal effect, and declare that the United States does and will hold the land thus entered for the period of twenty-five years, in trust for the sole use and benefit of the Indian by whom such entry shall have been made, or, in case of his decease, of his widow and heirs according to the laws of the State or Territory where such land is located, and that at the expiration of said period the United States will convey the same by patent to said Indian, or his widow and heirs as aforesaid, in fee, discharged of said trust and free of all charge or incumbrance what SEC. 8. That any disbursing or other officer of the United States, ers presenting or other person who shall knowingly present, or cause to be presented, false vouchers to any voucher, account, or claim to any officer of the United States, forfeit all claims, for approval or payment, or for the purpose of securing a credit in 1874, June 22, any account with the United States, relating to any matter pertainch. 389, and note, ing to the Indian service, which shall contain any material misrepante, p. 31. resentation of fact in regard to the amount due or paid, the name or 1875, March 3, character of the article furnished or received, or of the service rench. 132, § 10, ante, dered, or to the date of purchase, delivery, or performance of service, p. 81. NOTE. (1) This provision is repeated in subsequent appropriation acts. The salaries provided for by this act for one year and made the limit thereafter are omitted because or in any other particular, shall not be entitled to payment or credit for any part of said voucher, account, or claim; and if any such credit shall be given or received, or payment made, the United States may recharge the same to the officer or person receiving the credit or payment, and recover the amount from either or from both, in the same manner as other debts due the United States are collected: Provided, That where an account contains more than one voucher - not to apply to the foregoing shall apply only to such vouchers as contain the mis- other vouchers. representation: And provided further, That the officers and persons by and be--presumed to tween whom the business is transacted shall, in all civil actions in know facts. settlement of accounts, be presumed to know the facts in relation to the matter set forth in the voucher, account, or claim: And provided further, That the foregoing shall be in addition to -to be in addition the penalties now prescribed by law, and in no way affect proceed- to penalties, &c. ings under existing law for like offenses. R. S., § 5438. That where practicable this section shall be printed on the blank - to be printed on forms of vouchers provided for general use. vouchers. R. S., § 2058. SEC. 9. That hereafter each Indian agent be required, in his annual report, to submit a census of the Indians at his agency or upon the submit census in reservation under his charge, the number of males above eighteen annual reports. years of age, the number of females above fourteen years of age, the number of school children between the ages of six and sixteen years, the number of school-houses at his agency, the number of schools in operation and the attendance at each, and the names of teachers employed and salaries paid such teachers. SEC. 10. That no part of the expenses of the public lands service Expense of land shall be deducted from the proceeds of Indian lands sold through service not the General Land Office, except as authorized by the treaty or agree- dian lands. chargeable to Inment providing for the disposition of the lands. * * [July 4, 1884.] 110 U. S., 688. CHAP. 181.-An act making appropriations for the payment of invalid and other pensions of the United States for the fiscal year ending June thirtieth, eighteen hundred and eightyfive, and for other purposes. * * July 4, 1884. 23 Stat. L., 98. Pension agents' Be it enacted, &c. That from and after July first eighteen hundred and eighty-four (1) agents for the payment of pensions shall receive only twelve dollars compensation. and fifty cents for each one hundred vouchers, or at that rate for a 4782. 1885, March R. S., SS 4781, fraction of one hundred, prepared and paid by any agent in excess of 3, ch. 340, par. 2, four thousand vouchers per annum. * * post, p. 482. SEC. 2. That sections forty-seven hundred and sixty-eight, forty- Pension certifiseven hundred and sixty-nine, and forty-seven hundred and eighty- cates to be sent to six of the Revised Statutes are hereby made applicable also to all agent with contract for attorcases hereafter filed with the Commissioner of Pensions, and to all ney's fee, which is cases so filed since June twentieth, eighteen hundred and seventy- to be paid and deeight, and which have not been heretofore allowed, except as hereinafter provided. SEC. 3. That section forty-seven hundred and eighty-five of the Revised Statutes is hereby re-enacted and amended so as to read as follows: ducted. R. S., SS 4768, 4769, 4786. Fees of attor "SEC. 4785. No agent or attorney or other person shall demand or receive any other compensation for his services in prosecuting a ney for prosecutclaim for pension or bounty land than such as the Commissioner of ing pensions and Pensions shall direct to be paid to him, not exceeding twenty-five to exceed $25. bounty land not dollars; nor shall such agent, attorney or other person demand or Substitute for receive such compensation, in whole or in part, until such pension R. S., § 4785. or bounty-land claim shall be allowed. * * [Words omitted are executed.] * * NOTE. (1) By 1885, March 3, ch. 340, par. 2, post, p. 482, pension agents are allowed a fixed salary and of the fees as above provided they are to receive only the actual expenses of the work. Agreement for amount of fee to be filed. Substitute for R. S., § 4786. Without agree SEC. 4. That section forty-seven hundred and eighty-six of the Revised Statutes is hereby amended so as to read as follows: "SEC. 4786. The agent or attorney of record in the prosecution of the case may cause to be filed with the Commissioner of Pensions, duplicate articles of agreement, without additional cost to the claimant, setting forth the fee agreed upon by the parties, which agreement shall be executed in the presence of and certified by some officer competent to administer oaths. In all cases where application is made for pension or bounty land, ment to be only and no agreement is filed with the Commissioner as herein provided, $10. the fee shall be ten dollars and no more. increase. Agreement rec- And such articles of agreement as may hereafter be filed with the ognized in certain Commissioner of Pensions are not authorized, nor will they be recclaims; ognized except in claims for original pensions, claims for increase of Original. New disability pension on account of a new disability, in claims for restoration where a pensioner's name has been or may hereafter be dropped from Restoration, the pension rolls on testimony taken by a special examiner, showing when, &c. that the disability or cause of death, on account of which the pension Cases of special was allowed, did not originate in the line of duty, and in cases of dependent relatives whose names have been or may hereafter be, dropped from the rolls on like testimony, upon the ground of nondependence, and in such other cases of difficulty and trouble as the Commissioner of Pensions may see fit to recognize them: difficulty. Fee for claims under special acts and increase of None for arrears 209. Form of agreement. Provided, That no greater fee than (2) ten dollars shall be demanded, received, or allowed in any claim for pension or bounty land granted by special act of Congress, nor in any claim for increase of pension on account of the increase of the disability for which the pension had been allowed: And provided further, That no fee shall be demanded, received, cr allowed in any claim for arrears of pension or arrears of increase of pension allowed by any act of Congress passed subsequent to the date of the allowance of the original claims in which such arrears of pension, or of increase of pension, may be allowed. The articles of agreement herein provided for shall be in substance as follows, to wit: ARTICLES OF AGREEMENT. of the Whereas I, late a in company - regiment of volunteers, war of eighteen hundred and sixty-one (or, if the service be different, here state the same), having made application for pension under the laws of the United States: the fee of Now, this agreement witnesseth, that for and in consideration of services done and to be done in the premises, I hereby agree to allow my attorney, of dollars, which shall include all amounts to be paid for any service in furtherance of said claim; and said fee shall not be demanded by or payable to my said attorney (or attorneys), in whole or in part, except in case of the granting of my pension by the Commissioner of Pensions; and then the same shall be paid to him (or them) in accordance with the provisions of sections fortyseven hundred and sixty-eight and forty-seven hundred and sixty-nine of the Revised Statutes. STATE OF County of Be it known that on this, the day of- anno Domini eighteen hundred and eighty personally appeared the above-named who, after having had read over to in the hearing and presence of the two attesting witnesses, the contents of the foregoing articles of agreement, voluntarily signed and acknowledged the same to be free act and deed. day of (Official signature.) anno Domini eighteen hundred and I (or we) accept the provisions contained in the foregoing articles of And now, eighty to wit, this NOTE. (2) Reduced to $2 in pension (but not bounty-land) cases, by 1891, March 3, ch. 548, § 1, post. p. 938. agreement, and will, to the best of my (or our) ability, endeavor faithfully to represent the interest of the claimant in the premises. Witness my (or our) hand, the day and year first above written. } SS. STATE OF (Signature of Attorney.) whom I know to be the person he represents himself to be, and who, having signed above acceptance of agreement, acknowledged the same to be free act and deed. (Official signature.) before agreement. And if in the adjudication of any claim for pension in which such Fees when payarticles of agreement have been, or may hereafter be, filed, it shall ments have been appear that the claimant had, prior to the execution thereof, (3) paid made to attorney to the attorney any sum for his services in such claim, and the amount so paid is not stipulated therein, then every such claim shall be adjudicated in the same manner as though no articles of agreement had been filed, deducting from the fee of ten dollars allowed by law such sum as claimant shall show that he has paid to his said attorney. R. S., § 5485. Any agent or attorney or other person instrumental in prosecut-, Penalty for vioing any claim for pension or bounty land, who shall directly or in- lation of provi sions relating to directly contract for, demand or receive or retain any greater com- fees. pensation for his services or instrumentality in prosecuting a claim for pension.or bounty land than is herein provided, or for payment thereof at any other time or in any other manner than is herein provided, or who shall wrongfully withhold from a pensioner or claimant the whole or any part of the pension or claim allowed and due such pensioner or claimant, or the land warrant issued to any such claimant, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall for every such offense be fined not exceeding five hundred dollars, or imprisoned at hard labor not exceeding two years, or both, in the discretion of the court. 3478, 3479. SEC. 5. That the Secretary of the Interior may prescribe rules Sec'y of Inteand regulations governing the recognition of agents, attorneys, or rior to prescribe other persons representing claimants before his department, and rules for government of agents may require of such persons, agents, and attorneys, before being and attorneys in recognized as representatives of claimants, that they shall show that prosecuting they are of good moral character and in good repute, possessed of claims. the necessary qualifications to enable them to render such claimants R. S.. $$ 487, valuable service, and otherwise competent to advise and assist such 1884, July 7, ch. claimants in the presentation of their claims and such Secretary 334, § 3, post, p. may, after notice and opportunity for a hearing, suspend or exclude 470. from further practice before his department any such person, agent or attorney shown to be incompetent, disreputable, or who refuses to comply with the said rules and regulations, or who shall with intent to defraud in any manner deceive, mislead, or threaten any claimant, or prospective claimant, by word, circular, letter, or by advertisement. 14 Howard, 575. SEC. 6. The Commissioner shall have power, subject to review by Commissioner the Secretary, to reject or refuse to recognize any contract for fees, may reject conherein provided for, whenever it shall be made to appear that any undue advantage tracts for fees, if undue advantage has been taken of the claimant in respect to such contract. [July 4, 1884.] NOTE.-(3) Such payments might have been made under the act of 1878, June 20, ch. 367 (20 Stat. L., 243). That act, having been repealed by a provision in § 1 of the above act (23 Stat. L., 99), is omitted from the volume, as is also the repeal. taken. CHAP. 214.—An act to provide for the disposal of abandoned and useless military reservations. July 5, 1884. 23 Stat. L.,103. Be it enacted, &c., That whenever, in the opinion of the PresiSale, &c., of dent of the United States, the lands, or any portion of them, included abandoned and within the limits of any military reservation heretofore or here- useless military |