office may be removed. Evanston land SEC. 2. That the President be, and he is hereby, authorized to appoint, district; register by and with the advice and consent of the Senate, or during the recess and receiver for; thereof, and until the next session after such appointment, a register and a receiver for said district, who shall be required to reside in the R. S., §§ 2234- town of Evanston, Wyoming Territory, until such time as the President may, in his discretion, remove the site of said land-office from said town, be subject to the same laws and be entitled to the same compensation as is or may hereafter be provided by law in relation to the existing land-offices and officers in said Territory. [August 9, 1876.] 2247. Aug. 11, 1876. 19 Stat. L., 127. R. S., § 2283, 2284. CHAPTER 259. AN ACT PROVIDING FOR THE SALE OF THE OSAGE CEDED LANDS IN KANSAS TO [SECTION 1], That any bona fide settler, residing at the time of comBona-fide settlers pleting his or her entry, as hereinafter provided, upon any portion of may purchase the lands sold to the United States, by virtue of the first article of the Osage lands in treaty concluded between the United States and the Great and Little Kansas. Osage tribe of Indians September twenty-ninth, eighteen hundred and sixty five, and proclaimed January twenty-first, eighteen hundred and sixty-seven, who is a citizen of the United States, or shall have declared his intention to become a citizen of the United States, shall be, and hereby is, entitled to purchase the same, in quantity not to exceed one hundred and sixty acres, at the price of one dollar and twenty-five cents per acre, within one year from the passage of this act, under such rules and regulations as may be prescribed by the Secretary of the Interior, and on the terms hereinafter provided: 1874, June 23, ch. 488. 1880, May 28, ch. 107. 1881, March 3, ch. 149. Treaty (14 Stat. L., 687). &c. Provided, That no bona fide settler as aforesaid on said land shall be denied the right to purchase land under the provisions of this act on the ground that he or she may heretofore have had the benefit of the homestead or preemption laws of the United States. SEC. 2. That any person who is a citizen of the United States, or has Purchasers in declared his intention to become such, who in good faith had purchased good faith from certain railways any portion of said land from either the Leavenworth, Lawrence and entitled to land, Galveston Railroad Company, or the Missouri, Kansas and Texas Railroad Company, prior to the commencement of the two suits in the name of the United States against said companies, in the circuit court of the United States for the district of Kansas, to test the legality of title of said railroad companies to said lands, or portions thereof, to wit; before the twenty-fifth day of February, anno Domini eighteen hundred and seventy-four, and shall prove to the satisfaction of the register and the receiver of the proper land office that he or she has, in good faith, before the date last aforesaid, paid said railroad companies, or either of them, the consideration-money, or a portion thereof, and also that he or she has in good faith made lasting and valuable improvements thereon, shall be, and hereby is declared to be entitled to purchase said lands, not exceeding one hundred and sixty acres, to include his or her improvements, on the same terms and conditions that actual settlers are authorized by this act to purchase said lands; that the rights of the said purchasers from said railroad companies shall attach at the date of the payment aforesaid made to said railroads or either of them: Provided, That the said improvements are made before the date last aforesaid: And provided further, That said claimant actually resides on the land at the time of completing his or her entry thereof at the proper land office: Provided further, That the heirs of any deceased purchaser from said Rights of heirs. railroads shall have the same right to purchase the said lands so pur chased from the said railroads as the original purchaser would have had, had he lived. SEC. 3. That the parties desiring to make entries under the provisions Terms of purof this act who will, within twelve months after the passage of the same chase; price, &c. make payment at the rate of one dollar and twenty-five cents per acre, for the land claimed by said purchaser, under such rules and regulations as the Commissioner of the General Land Office may prescribe, as fol lows, that is to say; Said purchaser shall pay for the land he or she is entitled to purchase Entry to be comone-fourth of the price of the land at the time the entry is made, and pleted in one year. the remainder in three annual payments, drawing interest at the rate of five per centum per annum, which payment shall be secured by notes of said purchaser, payable to the United States; And the Secretary of the Interior shall withhold title until the last payment is made; And the Secretary of the Interior shall cause patents to issue to all parties who shall complete their purchases under the provisions of this act; Patents to issue. And if any claimant fails to complete his or her entry at the proper Payment of land-office within twelve months from the passage of this act, he or she whole may be shall forfeit all right to the land by him or her so claimed, except in made at any time. cases where the land is in contest: Provided further, That nothing in this act shall be construed to prevent any purchaser of said land from making payment at any time of the whole or any portion of the purchase money. Laws in relation SEC. 4. That the laws of the United States in relation to the preemption of town-sites shall apply to the tract of land first above de- to town-sites apscribed, except that the declaratory statement provided by existing lands, except, &c. plicable to Osage laws in such cases shall be filed with the register of the proper land- R. S., § 2380office within sixty days after the passage of this act, and the occupants 2394. of town-sites shall not be allowed to purchase more than three hundred and twenty acres actually occupied as a town-site, except in case where town-site companies have purchased all claim of title of the original settlers, and all titles claimed by any railroad company, in which case said town-site company, by its proper agent, shall have the same right to enter said lands that the original settlers would have had, not exceeding in amount eight hundred acres, and shall pay therefor the sum of one dollar and twenty-five cents per acre, in the same manner as actual occupants are required to pay. Prior lawful entries reinstated. SEC. 5. That all lawful entries heretofore made of any of said lands, and set aside or cancelled by the Secretary of the Interior, on the ground that the said railroads had a prior grant of said lands, be reinstated by the said Secretary of the Interior, subject to any valid adverse claim that may have accrued before or since such sale or cancellation. SEC. 6. That all declaratory statements made by persons desiring to purchase any portion of said land under the provisions of this act, statements; where shall be filed with the register of the proper land office within sixty days after the passage of the same: Provided, however, That those who may settle on said land after the passage of this act shall file their declaratory statement within twenty days after settlement, and complete their purchase under the provisions of this act within one year thereafter. Declaratory and when filed. to tax. SEC. 7. That nothing in this act shall be so construed as to prevent Right of Kansas Sand lands from being taxed under the laws of the State of Kansas, as other lands are or may be taxed in said State, from and after the time the first payment is made on said land, according to the provisions of this act. chase certain land. Railways to SEC. 8. That the said railroads or either of them shall have the right have right to pur- to purchase such subdivisions of lands as are located outside of the right of way, heretofore granted to them, and which were occupied by them on said tenth day of April, eighteen hundred and seventy-six, for stock-yards, storage-houses, or any other purposes legitimately connected with the operation and business of said roads, whenever the same does not conflict with a settler who in good faith made a settlement prior to the occupation of said lands by said railroad company or companies, in the same manner and at the same price settlers are authorized to purchase under the provisions of this act. [August 11, 1876.] Aug. 11, 1876. CHAPTER 260. 19 Stat. L., 129. Amendment of. AN ACT TO AMEND SUB-SECTIONS TWO HUNDRED AND FORTY-SIX AND TWO HUNDRED Sureties on bonds of bidders for carrying mail to -on failure or refusal of contractor to perform -on failure of accepted bidder, &c., to enter into contract. Limit of temporary service. Contracts may be continued six months beyond term. Penalty for wrongfully failing to enter .nto con. tract. - prima facie evidence in such case. Be it enacted, &c., That sub-sections two hundred and forty-six and 1874, June 23, ch. two hundred and fifty-one of section twelve, of an act entitled "An act 456, § 12. making appropriations for the service of the Post Office Department for the fiscal year ending June thirtieth, eighteen hundred and seventyfive, and for other purposes," approved June the twenty-third, eighteen hundred and seventy-four, and for other purposes, and also to amend section thirty-nine hundred and fifty-four of the Revised Statutes be amended as follows: Sureties on bonds "SEC. 246. That before the bond of a bidder, provided for in the aforeof bidders for car- said section, is approved, there shall be indorsed thereon the oaths of rying mail to take the sureties therein, taken before an officer qualified to administer oaths, oath and answer interrogatories, &c. that they are owners of real estate worth in the aggregate a sum double R. S., §§ 3946, the amount of said bond, over and above all debts due and owing by 3947, 3953. 1678, May 17, ch. them, and all judgments, mortgages, and executions against them, after allowing all exemptions of every character whatever. 107. - knowingly Accompanying said bond and as a part thereof, there shall be a series of interrogatories, in print or writing, to be prescribed by the Postmaster-General, and answered by the sureties under oath showing the amount of real estate owned by them, a brief description thereof, and its probable value, where it is situated, in what county and State the record evidence of their title exists. And if any surety shall knowingly and willfully swear falsely to any swearing falsely; statement made under the provisions of this section he shall be deemed how punished. guilty of perjury, and, on conviction thereof, be punished as is provided by law for commission of the crime of perjury." contract, &c. Proceedings on "SEC. 251. That after any regular bidder whose bid has been accepted failure of lowest shall fail to enter into contract for the transportation of the mails acbidder to enter into cording to his proposals, or having entered into contract, shall fail to R. S., $$ 3951- commence the performance of the service stipulated in his or their contract as therein provided, the Postmaster-General shall proceed to con1878, May 17, ch. tract with the next lowest bidder or bidders in the order of their bids, for the same service, who will enter into a contract for the performance 3954. 107. thereof, unless the Postmaster-General shall consider such bid or bids too high, and in case each of said bids shall be considered too high, then the Postmaster-General shall be authorized to enter into contract, at a price less than that named in said bids, with any person, whether a bidder or not, who will enter into contract to perform the service in accordance with the terms and provisions prescribed for the execution of other contracts for similar service; and in case no satisfactory contract can be thus obtained, he shall re-advertise such route. of contractor to perform service. And if any bidder whose bid has been accepted, and who has entered Proceedings on into a contract to perform the service according to his proposal, and in failure or refusal pursuance of his contract has entered upon the performance of the service, to the satisfaction of the Postmaster-General, shall subsequently fail or refuse to perform the service according to his contract, the Postmaster General shall proceed to contract with the next lowest bidder for such service, under the advertisement thereof, (unless the PostmasterGeneral shall consider such bid too high) who will enter into contract and give bond, with sureties, to be approved by the Postmaster-General, for the faithful performance thereof, in the same penalty and with the same terms and conditions thereto annexed as were stated and contained in the bond which accompanied his bid; And in case said next lowest bidder shall decline to enter into contract for the performance of such service, then the Postmaster-General may award the service to, and enter into contract with, any person, whether a bidder on said route or not, who will enter into contract to perform the service and execute a bond of like tenor and effect as that required of bidders, in a penalty to be prescribed, and with sureties to be approved by the Postmaster-General, for the performance of the service contracted to be performed at a price not exceeding that named in the bid of the said next lowest bidder; And if no contract can be secured at the price named in said next lowest bid, then the Postmaster-General shall proceed to secure a contract, at a price not considered too high, with any person who will exe. cute such contract in accordance with the law applicable thereto, giving in all cases, the preference to the regular bidders on the list whose bids do not exceed the price at which others will contract therefor; And if no satisfactory contract can be thus secured, the route shall be re-advertised. - on failure of ac to enter into contract. 1878, May 17, ch Whenever an accepted bidder shall fail to enter into contract, or a contractor on any mail-route shall fail or refuse to perform the service cepted bidder, &c., on said route according to his contract, or when a new route shall be established or new service required, or when, from any other cause, there shall not be a contractor legally bound or required to perform such service, the Postmaster-General may make a temporary contract for carrying the mail on such route, without advertisement, for such period as may be necessary, not in any case exceeding six months, until the service shall have commenced under a contract made according to law: 107, § 4. 20. Limit of price of Provided however, That the Postmaster-General shall not employ temporary service on any route at a higher price than that paid to the temporary service. contractor who shall have performed the service during the last preceeding contract term. Contracts may months beyond An in all cases of regular contracts hereafter made, the contract may, in the discretion of the Postmaster-General, be continued in force beyond be continued six its express terms for a period not exceeding six months, until a new con- term. tract with the same or other contractors shall be made by the Postmaster-General." And that section thirty-nine hundred and fifty-four of the Revised Statutes be amended to read as follows: (1) "Any person or persons bidding for the transportation of the mails upon any route which may be advertised to be let, and receiving an award of the contract for such service, who shall wrongfully refuse or fail to enter into contract with the Postmaster-General in due form to perform NOTE. (1) This amendment has been incorporated into § 3954 of the second edition of the Revised Statutes. Penalty for wrongfully failing to enter into con tract. R. S., § 3954. prima facie evidence in such case. the service described in his or their bid or proposal, or having entered into such contract shall wrongfully refuse or fail to perform such service, shall, for any such failure or refusal, be deemed guilty of a misdemeanor, and be punished by a fine of not more than five thousand dollars, and by imprisonment for not more than twelve months. "And the failure or refusal of any such person or persons to enter into such contract in due form, or having entered into such contract the failure or refusal to perform such service, shall be prima-facie evidence in all actions or prosecutions arising under this section that such failure or refusal was wrongful." [August 11, 1876.] Aug. 12, 1876. 19 Stat. L., 131. One thousand CHAPTER 263. AN ACT CONCERNING THE EMPLOYMENT OF INDIAN SCOUTS. One thousand Indian scouts to be employed, and -to receive pay for use of their own horses. appropriate number of commissioned officers. Be it enacted, &c., That so much of the Army appropriation act of Indian scouts to be twenty-fourth July, eighteen hundred and seventy-six, as limits the employed, and ap- number of Indian scouts to three hundred is hereby repealed; and secpropriate number tions ten hundred and ninety-four and eleven hundred and twelve of the of commissioned officers. Revised Statutes, authorizing the employment of one thousand Indian scouts, are hereby continued in force: R. S., §§ 1094, 1112. 1876, July 24, ch. 226. to receive pay for use of their own horses. Provided, That a proportionate number of non-commissioned officers may be appointed. And the scouts, when they furnish their own horses and horse-equipments, shall be entitled to receive forty cents per day for their use and risk so long as thus employed. [August 12, 1876.] Aug. 14, 1876. 19 Stat. L., 139. tered at and trans CHAPTER 270. AN ACT ESTABLISHING THE PORT OF SAINT PAUL, MINNESOTA, AS A PORT OF AP Imports for [SECTION 1], (Sup.) [That the provisions contained in, and the priv transportation in ileges accorded by, sections (1) twenty-nine hundred and ninety, twentybond may be en- nine hundred and ninety-one, twenty-nine hundred and ninety-two, ported to Saint twenty-nine hundred and ninety three, twenty-nine hundred and ninetyPaul, Minn. four, twenty-nine hundred and ninety-five, twenty-nine hundred and R. S., §§ 2990- ninety-six, and twenty-nine hundred and ninety-seven, of the Revised Statutes be extended to, and held to include, the port of Saint Paul in See 1880, June 10, the collection-district of Minnesota.] 2997. ch. 190, §§ 7,8. Appraiser at SEC. 2. That the appraiser (2) at the port of Saint Paul shall receive Saint Paul to have the same amount of salary that the deputy collector of that port now salary of $2,000. receives. [August 14, 1876.] R. S., § 2595, 2701. NOTES (1) These sections are repealed by act of 1880, June 10, ch. 190, and new provisions therein made superseding this section. (2) When, by the first section of this act, Saint Paul was added to the list of ports at which imports might be entered for transportation in bond, &c., it seems to have been assumed that an appraiser for that port could be appointed by existing law; and it would have been so under the act of 1870, ch. 255, § 36 (16 Stat. L., 271); but the general authority to appoint an appraiser at each of said ports. for which an appraiser of imported merchandise is not now provided for by law, was not incorporated into the Revised Statutes. Thus the only authority for appointing an appraiser at Saint Paul is found in the second section of this act fixing the salary of such an officer. |