3 March, 1877. water. Water on pub Contents of land is situated, that he intends to reclaim a tract of desert land not exceeding one section, by conducting water upon the same, within the period of three years thereafter: Provided, however, that the right to the use of water by the person so conducting the same, on or to any tract of desert land of six hundred and forty acres, shall depend_Right to use upon bona fide prior appropriation; and such right shall not exceed the amount of water actually appropriated, and necessarily used for the purpose of irrigation and reclamation; and all surplus water over and above such lie lands to be actual appropriation and use, together with the water of free. all lakes, rivers, and other sources of water supply upon the public lands, and not navigable, shall remain and be held free for the appropriation and use of the public for declaration. irrigation, mining, and manufacturing purposes subject to existing rights. Said declaration shall describe particularly said section of land, if surveyed, and, if unsurveyed, shall describe the same as nearly as possible without a survey. At any time within a period of three years title. after filing said declaration, upon making satisfactory proof to the register and receiver of the reclamation of said tract of land, in the manner aforesaid, and upon the payment to the receiver of the additional sum of one dollar per acre for a tract of land not exceeding six hun- Limit to quandred and forty acres to any one person, a patent for the chasable. same shall be issued to him: Provided, that no person shall be permitted to enter more than one tract of land, and not to exceed six hundred and forty acres, which shall be in compact form. Perfection of tity of land pur Desert lands SEC. 2. That all lands exclusive of timber lands and mineral lands, which will not, without irrigation, produce some agricultural crop, shall be deemed desert lands, defined. within the meaning of this act, which fact shall be ascertained by proof of two or more credible witnesses, under oath, whose affidavits shall be filed in the land office in which said tract of land may be situated. which act to SEC. 3. This act shall only apply to and take effect in the states of California, Oregon, and Nevada, and the Localities in territories of Washington, Idaho, Montana, Utah, Wyo- apply. ming, Arizona, New Mexico, and Dakota, and the determination of what may be considered desert land shall be subject to the decision and regulation of the commissioner of the general land office. Accused per FORTY-FIFTH CONGRESS. SESSION II. CHAP. 37. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that in the trial of all indictments, informations, complaints, and other proceedings against persons charged with the sons may tes-commission of crimes, offenses, and misdemeanors, in the 16 Mch., 1878. United States courts, territorial courts, and courts-martial, and courts of equity, in any state or territory, including the District of Columbia, the person so charged shall, at his own request, but not otherwise, be a competent witness. And his failure to make such request shall not create any presumption against him. tify. unsurvey ed IBID. CHAP. 76. EXTRACT. * * * And provided further, that where wood and timber lands in the territories of the United States are not surveyed and Wood cut on offered for sale in the proper sub-divisions, convenient of access, no money herein appropriated shall be used to collect any charge for wood or timber cut on the public lands in the territories of the United States for the use of actual settlers in the territories, and not for export from the territories of the United States, where the timber grew: And provided further, that if any timber cut on the public lands shall be exported from the territories of the United States, it shall be liable to seizure by the United States authority wherever found. mineral lands poses. IBID. CHAP. 150. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that all the citizens of the United States, and other persons bona fide residents of the states of Colorado or Nevada, or either of the territories of New Timber and Mexico, Arizona, Utah, Wyoming, Dakota, Idaho, or may be taken Montana, and all other mineral districts of the United for certain pur-States shall be, and are hereby, authorized and permitted 3 June, 1878. to fell and remove for building, agricultural, mining, or other domestic purposes, any timber or other trees growing or being on the public lands, said lands being mineral, and not subject to entry under existing laws of the United States, except for mineral entry, in either of said states, territories, or districts, of which such citizens or persons may be at the time bona fide residents, subject to such rules and regulations as the secretary of the interior may prescribe for the protection of the timber and of the undergrowth growing upon such lands, and for other purposes: Provided, the provisions of this act Proviso. shall not extend to railroad corporations. for unauthorized purposes. SEC. 2. That it shall be the duty of the register and the receiver of any local land office in whose district any mineral land may be situated to ascertain from time to Taking, &c., time whether any timber is being cut or used upon any such lands, except for the purposes authorized by this act, within their respective land districts; and, if so, they shall immediately notify the commissioner of the general land office of the fact; and all necessary expenses incurred in making such proper examinations shall be paid and allowed such register and receiver in making up their next quarterly accounts. SEC. 3. Any person or persons who shall violate the provisions of this act, or any rules and regulations in pursuance thereof made by the secretary of the interior, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined in any sum not exceeding five hundred dollars, and to which may be added imprisonment for any term not exceeding six months. Penalty. Municipal corporations in 8 June, 1878. IBID. CHAP. 168. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that the words "the legislative assemblies of the several territories shall not grant private charters or especial privileges" in section eighteen hundred and eighty-nine of the revised statutes of the United States shall not be construed as prohibiting the legislative assemblies of the several territories of the United States from creating towns, cities, or other municipal corporations, and providing for the government territories. of the same, and conferring upon them the corporate Sec, 1889, R. powers and privileges, necessary to their local adminis- s., page 133, tration, by either general or special acts; and that all' general and special acts of such legislative assemblies heretofore passed creating and providing for the government of towns, cities, or other municipal corporations, and conferring such rights, powers, and privileges upon the same, as were necessary to their local administra tion, be, and the same are hereby, ratified and confirmed and declared to be valid, any law to the contrary notwithstanding; subject, however, to amendment or repeal hereafter by such territorial assemblies. But nothing construed. Private rights. Contracts, herein shall have the effect to create any private right, except that of holding and executing municipal offices or to divest åny such right, or to make valid or invalid any contract or obligation heretofore made by or on behalf of any such town, city, or other municipal corpoCorporation ration, or to authorize any such corporation to incur hereafter any debt or obligation other than such as shall be necessary to the administration of its internal affairs. debts. Councils and resentatives in Number. Compensa tion. IBID. CHAP. 329. EXTRACT. * * * * * That from and after the adjournment of the next session houses of rep- of the several territorial legislatures the council of each territories of the territories of the United States shall not exceed 19 June, 1878. twelve members, and the house of representatives of each shall not exceed twenty-four members, and the members of each branch of the said several legislatures shall receive a compensation of four dollars per day each during the sessions provided by law, and shall receive such mileage as the law provides; and the president of the council and the speaker of the house of representatives shall each receive six dollars per day for the same time. And the several legislatures at their next sessions are directed to divide their respective territories into as many council and representative districts as they desire, which districts shall be as nearly equal as practicable, taking into consideration population, except "Indians not taxed:" Provided, the number of council districts shall not exceed twelve, and the representative districts shall not exceed twenty-four in any one of said territories, and all parts of sections eighteen hundred and fortyseven, eighteen hundred and forty-ninė, eighteen hundred and fifty-three, and nineteen hundred and twentytwo of the revised statutes of the United States in conflict with the provisions herein are repealed. Districts. Proviso. Officers of legislatures. Salaries. That the subordinate officers of each branch of said territorial legislatures shall consist of one chief clerk, who shall receive a compensation of six dollars per day; one enrolling and engrossing clerk, at five dollars per day; sergeant-at-arms and doorkeeper, at five dollars per day; one messenger and watchman, at four dollars per day each; and one chaplain, at one dollar and fifty cents per day. Said sums shall be paid only during the sessions of said legislatures; and no greater number of officers or charges per diem shall be paid or allowed by Secretary's the United States to any territory. And section eighteen hundred and sixty-one of the revised statutes is hereby repealed, and this substituted in lieu thereof: Provided, that for the performance of all official duties imposed by the territorial legislatures, and not provided for in the organic act, the secretaries of the territories, respect- fees. ively, shall be allowed such fees as may be fixed by the territorial legislatures. And in no case shall the expen- Printing. ditures for public printing in any of the territories exceed the sum of two thousand five hundred dollars for any one year. ern Railway 20 June, 1878. IBID. CHAP. 362. Be it enacted by the Senate and House of Representatives of the United States of America Utah & Northin Congress assembled, that the right of way through the Company. public lands of the United States and other privileges heretofore granted by law to the Utah Northern railroad company are hereby modified and regranted so as to enable the Utah and Northern railway company and its modified. assigns to build their road by the way of Marsh valley, Portneuf river, and Snake river valley, instead of by the way of Soda Springs and Snake river valley as originally granted. Right of way Utah, Idaho, SEC. 2. And said company is hereby made a railway corporation in the territories of Utah, Idaho, and Montana, under the same conditions and limitations and with To be a corthe same rights and privileges that it now has and en-poration in joys under its articles of incorporation: Provided, that and Montana. said corporation shall at all times hereafter be subject to all the laws and regulations in relation to railroads of the United States or of any territory or state through which it may pass. And suits against said corporation Suits. may be instituted in the courts of said territories or either of them having jurisdiction by the laws of such territory. Proviso. SEC. 3. Congress may at any time add to, alter, Amendments. amend, or repeal this act. FORTY-SIXTH CONGRESS. SESSION II. CHAP. 56. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that April 16, 1880. when, from any cause, there shall be a vacancy in the office of justice of the peace in any of the territories of the |