22 July 1854. before or after the survey; and, in all cases where the settlement was made before the Pre-emption act survey, the settler shall file his declaration within three months after the survey is made of 1811 extended. and returned. And any person claiming a donation under this act shall be permitted to enter the land claimed by him at any time prior to the four years' occupancy and cultivation required, by paying therefor at the rate of one dollar and twenty-five cents per acre, and proving occupancy and cultivation up to the time of such payment. Ibid. ? 8. Spanish and Mexican claims to be ascertained and reported. 642. It shall be the duty of the surveyor-general, under such instructions as may be given by the secretary of the interior, to ascertain the origin, nature, character and extent of all claims to lands under the laws, usages and customs of Spain and Mexico; and, for this purpose, may issue notices, summon witnesses, administer oaths and do and perform all other necessary acts in the premises. He shall make a full report on all such claims as originated before the cession of the territory to the United States by the treaty of Guadalupe Hidalgo. of 1848, (a) denoting the various grades of title, with his decision as to the validity or invalidity of each of the same, under the laws, usages and customs of the country before its cession to the United States; and shall also make a report in regard to all pueblos existing in the territory, showing the extent and locality of each, stating the number of inhabitants in the said pueblos, respectively, and the nature of their titles to the land; such report to be made according to the form which And laid before may be prescribed by the secretary of the interior. Which report shall be laid before congress for such action thereon as may be deemed just and proper, with a view to con firm bonâ fide grants, and give full effect to the treaty of 1848 between the United States and Mexico; and, until the final action of congress on such claims, all lands covered thereby shall be reserved from sale or other disposal by the government, and shall not be subject to the donations granted by the previous provisions of this act. congress. Ibid. 29. Rules and regulations. 22 July 1854 10. 10 Stat. 309. Surveyor-gene ral. Ibid. 11. 643. Full power and authority are hereby given the secretary of the interior to issue all needful rules and regulations for fully carrying into effect the several provisions of this act. II. LANDS IN KANSAS AND NEBRASKA. 614. The president of the United States shall be and he is hereby authorized to ap point, by and with the advice and consent of the senate, a surveyor-general for the territories of Nebraska and Kansas, who shall locate his office at such place as the president of the United States shall from time to time direct; and whose duties, powers, obligations and responsibilities and compensation shall be the same as those of the surveyor-general of Wisconsin and Iowa; and who shall be allowed the same amount for office rent, fuel, incidental expenses and clerk hire, as is allowed to said surveyor-general of Wisconsin and Iowa. 645. Said surveyor-general shall cause the necessary surveys to be made in said terri. How surveys to tories of standard meridian, base and parallel lines, and of township and subdivisional lines, under such rules and regulations as shall be prescribed by the commissioner of the general land office. be made. Ibid. 12. Lands to be subject to pre-emp tion. Ibid. 13. Land districts. 646. All the lands to which the Indian title has been or shall be extinguished within said territories of Nebraska and Kansas, shall be subject to the operations of the preemption act of 4th September 1841, (b) and under the conditions, restrictions and stipu lations therein mentioned: Provided however, That where unsurveyed lands are claimed by pre-emption, notice of the specific tracts claimed shall be filed within three months after the survey has been made in the field; and on failure to file such notice, or to pay for the tracts claimed, before the day fixed for the public sale of the lands by the procla mation of the president of the United States, the parties claiming such lands shall forfeit all right thereto: Provided, Said notices may be filed with the surveyor-general, and to be noted by him on the township plats, until other arrangements shall have been made by law for that purpose. 647. The public lands in the territory of Nebraska, to which the Indian title shall have been extinguished, shall constitute a new land district, to be called the Omaha district; and the public lands in the territory of Kansas, to which the Indian title shall have been extinguished, shall constitute a new land district, to be called the Pawnee district; the officers for each of which districts shall be established at such points as the president may deem expedient; and he is hereby authorized to appoint, by and with the Registers and re- advice and consent of the senate, a register and receiver of public moneys for each of said districts, who shall each be required to reside at the site of their respective offices, and they shall have the same powers, perform the same duties, and be entitled to the same compensation as are or may be prescribed by law in relation to other land offices of the United States. And the president is hereby authorized to cause the surveyed lands to be exposed for sale from time to time, in the same manner and upon the same terms and conditions as the other public lands of the United States. ceivers. Land sales. (a) 8 Stat. 922. (b) See supra, 83. This does not include the lands reserved by treaty from public sale for the benefit of the Indians. 6 Opin. 658. 11 Stat. 186. districts in No 648. All that portron of the territory of Nebraska at present included in the Omaha 3 March 1857 3 1. district, which lies south of the line which divides townships six and seven north, extended from the Missouri river westward, shall constitute an additional district, to be Additional land called the "Nemaha land district;" all said Omaha district which is situated south of braska. the south shore or right bank of the Platte river, and north of the said township line, between townships six and seven north, shall constitute an additional land district, to be called the "South Platte River land district;" and all that portion of said Omaha district which lies north of the south boundary of the "Omaha reserve," extended westward, being identical with the line which divides townships twenty-three and twenty-four north, shall constitute an additional land district, to be called the "Dahkota land district;" the location of the offices for which shall be designated by the president of the United States, and shall by him, from time to time, be changed as the public interests may seem to require. 11 Stat. 187. 649. All that portion of the "Pawnee land district," in the territory of Kansas, created 3 March 1857 3 1 by the thirteenth section of the act approved 22d July 1854, entitled "An act to establish the offices of surveyor-general of New Mexico, Kansas and Nebraska, to grant donations And in Kansas. to actual settlers therein, and for other purposes," which is situated north of the north or left bank of the Kansas river, and east of the line which divides ranges eight and nine east, shall constitute a separate district, to be called the "Delaware land district;" all that portion of said Pawnee district which is situated south of the nearest township line to the parallel of thirty-eight degrees of north latitude, to be hereafter determined by the commissioner of the general land office, shall constitute an additional district, to be called the "Osage land district;" and all that portion of said Pawnee district which lies west of the line dividing ranges eight and nine east, and north of the nearest township line to the parallel of thirty-eight degrees of north latitude, shall constitute a district to be called the "Western district, land district," the location of the offices for which shall be designated by the president of the United States, and shall by him, from time to time, be changed as the public interests may seem to require. III. LANDS IN UTAH. ral. 10 Stat. 611. 650. The president, by and with the advice and consent of the senate, shall be and 21 Feb. 1855 2 1 he is hereby authorized to appoint a surveyor-general for Utah, whose annual salary shall be three thousand dollars, and whose power, authority and duties, shall be the same Surveyor-gene as those provided by law for the surveyor-general of Oregon, prior to the act of July 17, 1854; and he shall locate his office, from time to time, at such places as may be directed by the president of the United States. Ibid. 22. 651. When the lands in said territory shall be surveyed under the direction of the government of the United States, preparatory to bringing the same into market, sections School lands. numbered sixteen and thirty-six in each township in said territory, shall be and the same are hereby reserved, for the purpose of being applied to schools in said territory, and in the states and territories hereafter to be created out of the same. Ibid. 2 3. 652. When the lands in said territory shall be surveyed as aforesaid, a quantity of land equal to two townships shall be and the same is hereby reserved, for the establishment Grant for uniof a university in said territory, and in the state hereafter to be created out of the same; versity. to be selected under the direction of the legislature, in legal subdivisions of not less than one half-section, and to be disposed of as said legislature may direct. 653. Full power and authority are hereby given to the secretary of the interior to issue all needful rules and regulations for fully carrying into effect the several provisions of this act. Ibid. 24. Rules and regu lations. 337 26 Jan. 1802 1. 2 Stat. 128. Congressional library constituted. Ibid. 2 2. Regulations to be prescribed. Ibid. § 3. appointed. 12. Use of library granted to heads of departments, secretary of senate, clerk of the house, chaplains and ex-presidents. 13. Additional assistant librarian. 14. Law library. 15. Who to have access thereto. 16. To be deemed part of congressional library. 17. Committee to appoint agents for donation and ex hange of publications, &c. 18. Books transmitted to them to be free of duty. 19. f brary granted to solicitor of the treasury. 1. The books and maps purchased by direction of the act of congress passed the 24th of April 1800, (a) together with the books or libraries which have heretofore been kept separately by each house, shall be placed in the capitol, in the room which was occupied by the house of representatives during the last session of the sixth congress. 2. That the president of the senate and speaker of the house of representatives, for the time being, be and they are hereby empowered to establish such regulations and restrictions in relation to the said library, as to them shall seem proper, and from time to time, to alter or am the same: Provid, That no regulations shall be made repugnant to any provision contained in this act. 3. A librarian, to be appointed by the president of the United States solely, shall take Librarian to be charge of the said library, who, previous to his entering upon the duties of his office, shall give bond, payable to the United States, in such a sum, and with such security as the presi dent of the senate and speaker of the house of representatives, for the time being, may deem sufficient, for the safe keeping of such books, maps and furniture as may be confided to his care, and the faithful discharge of his trust, according to such regulations as may be, from time to time, established for the government of the said library; which said bond shall be deposited in the office of the secretary of the senate. Bond. Ibid. 24. No map to be taken out. Ibid. 26. 4. No map shall be permitted to be taken out of the said library by any person; nor any book, except by the president and vice-president of the United States, and members of the senate and house of representatives for the time being. 5. The unexpended balance of the sum of five thousand dollars appropriated by the Library commit act of congress aforesaid, for the purchase of books and maps for the use of the two houses of congress, together with such sums as may hereafter be appropriated to the same purpose, shall be laid out under the direction of a joint committee, to consist of three members of the senate, and three members of the house of representatives. tee to disburse appropriations. 1 May 1810 31. 2 Stat. 612. committee to 6. That the president of the senate and speaker of the house of representatives for the time being, be and they are hereby authorized to grant the use of the books in the Agent of library library of congress, to the agent of the joint committee of congress appointed in relation to the library, on the same terms, conditions and restrictions as members of congress are allowed to use said books, anything contained in any former law to the contrary notwithstanding. have use of the books. 2 March 1812. 2 Stat. 786. Judges of the supreme court. 16 April 1816 3 Stat. 284. 3. 28 May 1828 2. 4 Stat. 301. 24 May 1828. 4 Stat. 321. 7. That the president of the senate and the speaker of the house of representatives for the time being, be and they are hereby authorized to grant the use in the books in the library of congress, to the judges of the supreme court of the United States, at the times, and on the same terms, conditions and restrictions, as members of congress are allowed to use said books. 8. The privilege of using the books in the library shall be extended to the attorneygeneral of the United States and the members of the diplomatic corps, on the same terms and conditions as it is enjoyed by the judges of the supreme court. 9. That the librarian of congress be authorized to employ an assistant, who shall receive a yearly compensation of eight hundred dollars, commencing March 4th 1827; to be paid out of any money in the treasury not otherwise appropriated. 10. Instead of the twenty-five sets of the journals, executive papers, reports of committees and other documents of congress, authorized by law to be placed in the library of congress, ten sets only, well bound, shall hereafter be deposited in the said library.(l) (a) 2 Stat. 56. This act appropriates $5000 for the purchase of such books as may be necessary for the use of congress, and for fitting up a suitable apartment for containing them and for placing them therein; the said purchase to be made by the secretary of the senate and clerk of the house of representatives pursuant to such directions as shall be given, and such catalogue as shall be furnished, by a joint committee of both houses of congress, to be appointed for that purpose; and the said books to be placed in one suitable apartment in the capitol, for the use of both houses of congress and the members thereof, according to such regulations as the committee aforesaid shall devise and establish. (b) By resolution of 28 January 1857, in future two copies only of the journals and documents, or any book printed by either house of congress, well bound in calf, shall be deposited in the library, and not to be taken therefrom. 11 Stat. 253. 11. That the joint library committee be and they hereby are authorized to remove 24 May 1823. from the library of congress, and dispose of in such manner as they may think expe- Duplicate and dient, any duplicate, imperfect, damaged or other work or works, not wanted for the imperfect works use of the library. (a) to be disposed of 4 Stat. 429. Use of library granted to heads 12. That the president of the senate and speaker of the house of representatives for 13 Jan. 1830. the time being, be and they are hereby authorized to grant the use of the books in the library of congress, to the secretary of state, the secretary of the treasury, the secretary of war, the secretary of the navy, the postmaster-general, the secretary of the senate of departments, and clerk of the house of representatives, the chaplains of congress, and any individual, senate, clerk of when in the District of Columbia, who may have been president of the United States, the house, chapat the times, and on the same terms, conditions and restrictions, as members of congress presidents. are allowed to use said books. secretary of the lains and ex 13. The librarian of congress is authorized to employ an additional assistant, who 3 March 1841 ¿ 1. shall receive a yearly compensation of eleven hundred and fifty dollars, commencing December 1st 1840, to be paid out of any money in the treasury not otherwise appropriated. 5 Stat. 431. Additional assist. ant librarian. 4 Stat. 579. 14. It shall be the duty of the librarian to prepare an apartment near to, and con- 14 July 1832 § 1. nected by an easy communication with that in which the library of congress is now kept, for the purpose of a law library; to remove the law books now in the library into such Law library apartment; and to take charge of the law library in the same manner as he is now required to do of the library of congress. Ibid. 2. 15. The justices of the supreme court of the United States shall have free access to the said law library; and they are hereby authorized and empowered to make such Who to have rules and regulations for the use of the same, by themselves and the attorneys and access thereto. counsellors, during the sittings of the said court, as they shall deem proper: Provided, Such rules and regulations shall not restrict the president of the United States, the vice president or any member of the senate or house of representatives, from having access to the said library, or using the books therein, in the same manner that he now has, or may have, to use the books of the library of congress. Ibid. 3. 16. The law library shall be a part of the library of congress, subject to the same regulations, except such alterations as are herein provided for, as now are, or hereafter To be deemed shall be established for the library of congress; and the incidental expenses of the law part of congres sional library. library shall be paid out of the appropriations for the library of congress. 9 Stat. 240. 17. The joint committee on the library shall appoint such agents as they may from 26 June 1848 § 1. time to time deem requisite, to carry into effect the donation and exchange of such documents and other publications as have been or shall be placed at their disposal for the Committee to appoint agents, &c. purpose. 18. All books transmitted through such agents for the use of the government of the Ibid. 82. United States, or of any government of a state or of its legislature, or of any depart- Rooks transment of the government of the United States or of a state, or of the academy at West mitted to them Point, or of the National Institute, shall be admitted into the United States duty free. to be free of duty. 9 Stat. 340. granted to solicitor of treasury. 19. That the secretary of state be authorized and directed to deliver to the solicitor of 11 August 1848. the treasury four copies of the statutes at large, for the use of his office, and to be kept and preserved therein as public property; and that the solicitor be allowed the use of the Use of library library of congress, subject to regulations of the joint committee on the library. 20. The librarian of congress shall receive eighteen hundred dollars; the assistant 4 Aug. 1854 3 7. Ibrarians fifteen hundred dollars each, and the messenger twelve hundred dollars per annum, and the money is hereby appropriated to pay the same. 10 Stat. 572. Salaries. 12. Compensation of collectors as superintendents. 13. Steamer for Pacific coast. 14. Collectors whose compensation exceeds $2500, to receive none as superintendents. 15. Surveys for lighthouses, &c. 16. Form of report. 17. Proceedings on report. 18. Salaries of keepers of Minot's light. 19. President to detail officers of engineers, &c. I. LIGHTHOUSE BOARD. 1. That the president be and he is hereby authorized and required to appoint, imme- 31 Aug. 1852 3 8. diately after the passage of this act, two officers of the navy, of high rank, one officer 10 Stat. 119. (a) By resolution of 20 July 1840, the librarian under the super- such duplicates as may be in the library for other books or works; vision of the committee on the library was authorized to exchange and in the same way to exchange documents. 5 Stat. 409. 31 August 1852. of the corps of engineers of the army, one officer of the corps of topographical engineers Lighthouse board of the army, and two civilians of high scientific attainments, whose services may be at constituted. Secretaries. Duties. Ibid. 29. President and chairman. Ibid. 10. the disposal of the president; and an officer of the navy and an officer of engineers of the army, as secretaries; who shall constitute the lighthouse board of the United States. and shall have power to adopt such rules and regulations for the government of their meetings, as they may judge expedient. And the board so constituted shall be attached to the office of the secretary of the treasury, and under his superintendence shall discharge all the administrative duties of said office relating to the construction, illumination, inspection and superintendence of lighthouses, light-vessels, beacons, buoys, seamarks and their appendages, and embracing the security of foundations of works already existing, procuring illuminating and other apparatus, supplies and materials of all kinds for building and for rebuilding when necessary, and keeping in good repair, the lighthouses, light-vessels, beacons and buoys of the United States. 2. The secretary of the treasury shall be ex officio president of the lighthouse board of the United States; and the said board, at their first meeting, shall proceed to ballot for one of their members as chairman, and the member who shall receive the majority of ballots of the whole board, shall be declared by the president to be chairman of the lighthouse board; who shall, in the absence of the president of the board, preside over their meetings, and do and perform such acts as may be required by the rules of the board. 3. The lighthouse board shall meet four times in each year for the transaction of Mtings of the general and special business; each meeting to commence on the first Monday in March, June, September and December; and the secretary of the treasury is hereby authorized to convene the lighthouse board whenever, in his judgment, the exigencies of the service may require it. board. Ibid. 11. Clerks. Accommodations. Documents. Ibid. 12. Districts. Inspectors. Ibid. 13. prescribed. 4. That the secretary of the treasury be and he is hereby required, to cause such clerks as are now employed on lighthouse duties in the treasury department, (a) to be transferred to the lighthouse board, without any change of salary; and to provide the necessary accommodations for the secretaries and clerks, for the preservation of the archives, models, drawings, &c., &c., and for holding the meetings of the board; and that he cause to be transferred to the proper officers of the lighthouse board all the archives, books, documents, drawings, models, returns, apparatus, &c., &c., belonging to the lighthouse establishment of the United States. 5. It shall be the duty of the lighthouse board, immediately after being organized, to arrange the Atlantic, Gulf, Pacific and Lake coasts of the United States into lighthouse districts, not exceeding twelve in number; and the president is hereby authorized and required to direct, that an officer of the army or navy be assigned to each district as a lighthouse inspector, subject to and under the orders of the lighthouse board, who shall receive for such service the same pay and emoluments that he would be entitled to by law for the performance of duty in the regular line of his profession, and no other, except the legal allowance per mile, when travelling under orders connected with his duties. 6. That the said lighthouse board, by and with the consent and approbation of the Regulations to be secretary of the treasury, be authorized and required to cause to be prepared and distributed among the light-keepers, inspectors, and others employed in the lighthouse establishment, such rules, regulations and instructions as shall be necessary for securing an efficient, uniform and economical system of administering the lighthouse establishment of the United States, and to secure responsibility from them; which rules, regulations and instructions, when approved, shall be respected and obeyed until altered and annulled by the same authority. Ibid. 14. Plans and estimates. Ibid. 15. Contracts. 7. It shall be the duty of the lighthouse board to cause to be prepared by the engineer secretary of the board, or by such officer of engineers of the army as may be detailed for that service, (b) all plans, drawings, specifications and estimates of cost, of all illuminating and other apparatus, and of construction and repair of towers, buildings, &c., connected with the lighthouse establishment; and no bid or contract shall be accepted or entered into, except upon the decision of the board, at a regular or special meeting, and through their properly authorized officers. 8. Hereafter all materials for the construction and repair of lighthouses, light-vessels, beacons, buoys, &c., &c., shall be procured by public contracts, under such regulations as the board may from time to time adopt, subject to the approval of the secretary of the treasury; and all works of construction, renovation and repair shall be made by the orders of the board, under the immediate superintendence of their engineer secretary, or of such engineer of the army as may be detailed for that service. (a) See tit. "Clerks," 7. (b) By the president; see infra, 19. |