In case of can 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: contestant to be notified. 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 Canal. 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. R. S., § 5255. 1874, May 11, ch. 165, § 3. CHAPTER 100. AN ACT TO CREATE AN ADDITIONAL LAND DISTRICT IN THE STATE OF KANSAS. SECTION 1. Northern land district in Kansas. SECTION 2. Register and receiver. Be it enacted, &c. 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 inin Virginia 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 March 3, 1857, debefore January first, eighteen hundred and fifty-two, and founded on un-clared valid. satisfied 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 title. 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 SECTION 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 [SECTION 1], That paragraph four of section twenty-five hundred and fifty-two of the Revised Statutes be, and the same is hereby, amended so that it shall read: a May 27, 1880. 21 Stat. L., 143. Yorktown, Va., port of entry, and East River and Cumberland ports of delivery. 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" R. S., § 2552, par. Richmond, Va., 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 port of entry; amended so that it shall read: 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.] 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, 2284. 1874, June 23, ch. 488. 1876, Aug. 11, ch. 259. to be sold. 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. In case of de- And if default be made by any settler in the payment of any portion fault in payment, or installment at the time it becomes due under the foregoing provisions, land forfeited and 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. Remaining lands subject to disposal to settlers. SEC. 2. That all the said Indian lands remaining unsold and unappropriated 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 aforesaid, they shall be subject to private entry, for cash in tracts not exceeding one quarter section by one purchaser. When lands sub &c. SEC. 4. After the payment of the first installment as hereinafter provided for, such lands shall be subject to taxation according to the laws ject to taxation, of the State of Kansas, as other lands are or may be in said State: Provided, That no sale of any such lands for taxes shall operate to deprive the United States, of said lands, or any part of the purchaseprice thereof, but if default be made in any installment of the purchaseprice as aforesaid, such tax sale purchaser, or his or her legal representatives, may, upon the day fixed for the public sale, and after such default has become final, under the foregoing provisions, pay so much of said purchase-price as may remain unpaid, and shall thereupon be entitled to receive a patent for the same as though he had made due settlement thereon: And provided further, That nothing in this act shall be so construed as to deprive or impair the right of the settler, of the right of redemption under the revenue laws of the State of Kansas. Fees, &c., of register and re ceiver. SEC. 5. That the register and the receiver shall be allowed the same fees and commissions as are allowed by law for the disposal of the public lands, and the net proceeds of the sales and disposals after deducting the expenses of such disposals, shall be deposited to the credit of the proper Indian fund, as provided by existing laws; And the Secretary of the Interior shall make all rules and regulations Secretary of Interior to make necessary to carry into effect the provisions of this act. rules. Town-site laws SEC. 6. That nothing in this act shall be construed to interfere in any manner with the operation of the town-site laws as applicable to these not interfered lands: with. Provided, That all claims for entry under said statutes shall be proved -payment to be up and fully paid for, before the day fixed for the commencement of the made before date public sales provided for in section three of this act. fixed for sale. Interest on pur SEC. 7. In all cases arising under this act interest at the rate of five per cent per annum shall be computed and paid upon all that part of chase money. the purchase money in respect to which time is given for the payment of the same. [May 28, 1880.] SECTION CHAPTER 108. AN ACT TO AMEND THE LAWS IN RELATION TO INTERNAL REVENUE SECTION 10. Spirits exported in casks or packages of any 11. may be withdrawn from warehouse in pack- 12. Use for domestic liquors of casks in which 13. Penalty for making, using, &c., similar casks. 15. Allowance for leakage and loss during trans- 16. Collectors to account for tax-paid stamps, re- -to make returns, &c. -how charged with other stamps. -reports and books of. export stamp; how charged and amount 17. Spirits withdrawn from distillery or bonded Allowance for leakage. -to what extent made. Computation of proof of spirits. 18. Manufacture of wooden stills by registered 19. Repeal. May 28, 1880. 21 Stat. L., 145. Distiller's bond; penal sum, how fixed and limited. R. S., § 3260. Be it enacted, &c. [SECTION 1], That section thirty-two hundred and sixty of the Revised Statutes of the United States be amended by striking out the word "double", in the fourteenth line of said section, and inserting after the word "days", in the fifteenth line of said section, the following: "But in no case shall the bond exceed the sum of one hundred thousand dollars". may be given in SEC. 2. That section thirty-two hundred and sixty-two of the Revised lieu of owner's Statutes of the United States be amended by adding to the end the words following: consent, notwith- 16 Opin. Att'yGen., 10. Emptying and Repeal and substitute for R. S., § 3293. And provided also, That the collector may at any time, at the discretion of the Commissioner, accept such bond as is authorized to be given by the distiller in lieu of the written consent of the owner of the fee in the case of a distillery erected prior to July twentieth, eighteen hundred and sixty-eight, notwithstanding such distillery has since then been increased by the addition of land or buildings adjacent or contiguous thereto, not owned by the distiller himself in fee; such bond to be for and in respect of such addition only, if the distillery be one which the distiller owns in fee or in respect to which he has procured the written consent of the owner of the fee or other incumbrance, otherwise to be for and in respect of the entire distillery as increased by such addition." SEC. 3. That section thirty-two hundred and eighty-five of the Revised Statutes of the United States be amended by striking out all after said number and substituting therefor the following: "Ev[e]ry fermenting-tub shall be emptied at or before the end of the fermenting period; no fermenting-tub in a sweet-mash distillery shall be filled oftener than once in seventy-two hours, nor in a sour-mash distillery oftener than once in ninety-six hours, nor in a rum distillery oftener than once in one hundred and forty-four hours." SEC. 4. That the joint resolution approved March twenty-eighth, eighteen hundred and seventy-eight, be and the same hereby is, re1878, March 28, pealed; and that section thirty-two hundred and ninety-three of the Res. No. 16, p. 386.' Revised Statutes of the United States, as amended by an act entitled 1879, March 1, "An act to amend the laws relating to internal revenue", approved ch. 125, § 5, in part. March first, eighteen hundred and seventy-nine, be amended by striking out all after the said number, and substituting therefor the following: "The distiller or owner of all spirits removed as aforesaid to the distillery warehouse shall, on the first day of each month, or within five days thereafter, enter the same for deposit in such warehouse, under such regulations as the Commissioner of Internal Revenue may prescribe. Said entry shall be in triplicate, and shall contain the name of the person making the entry, the designation of the warehouse in which the deposit is made, and the date thereof, and shall be in the following form: Entry, &c., of spirits removed to distillery warehouse. - what to specify. -bond required. 99 U.S., 221. 66 ENTRY FOR DEPOSIT IN DISTILLERY WAREHOUSE. anno Domini in distillery warehouse during the month ending on the day of And the entry shall specify the kind of spirits, the whole number of packages, the marks and serial numbers thereon, the number of gauge or wine gallons, proof-gallons, and taxable gallons, and the amount of tax on the spirits contained in them; all of which shall be verified by the oath of the distiller or owner of the same attached to the entry. The said distiller or owner shall at the time of making said entry give his bond in duplicate, with one or more sureties, satisfactory to the collector of the district, conditioned that the principal named in said bond shall pay the tax on the spirits as specified in the entry, or cause the same to be paid, before removal from said distillery warehouse, and within three years from the date of said entry; and the penal sum of such bond shall not be less than the amount of the tax on such distilled spirits. |