128. or she has in good faith made lasting and valuable improvements thereon, shall be, and hereby is declared to be entitled to purchase said Quantity and lands, not exceeding one hundred and sixty acres, to include his or her price. 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 aloresaid: 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 railroads shall have the same right to purchase the said lands so purchased from the said railroads as the original purchaser would have had, had he lived. Proviso. Proviso. Terms of purchase. Price. ment. SEC. 3. That the parties desiring to make entries under the provisions. of this act who will, within twelve months after the passage of the same 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 folTerms of pay lows, that is to say; said purchaser shall pay for the land he or she is entitled to purchase one-fourth of the price of the land at the time the entry is made, and 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 Title after last 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; and if any claimant fails to complete his or her entry at the proper land-office within twelve months from the passage of this act, failure to complete he or she shall forfeit all right to the land by him or her so claimed, except in 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. payment. Forfeiture purchase. Proviso. on Laws in relation to town-sites made applicable to Osage lands. sites. SEC. 4. That the laws of the United States in relation to the preëmption of town sites shall apply to the tract of land first above described, except that the declaratory statement provided by existing laws in such cases shall be filed with the register of the proper landoffice within sixty days after the passage of this act, and the occupants Size of town 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. Price per acre. Prior lawful entries reinstated. Declaratory statements where Proviso. 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, 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. SEC. 7. That nothing in this act shall be so construed as to prevent said land 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. Right of Kausas to tax. Railways to SEC. 8. That the said railroads or either of them shall have the right to purchase such subdivisions of lands as are located outside of the have right to purright of way, heretofore granted to them, and which were occupied by chase certain land 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. Approved, August 11, 1876. CHAP. 260.-An act to amend sub-sections two hundred and forty-six and two hundred and fifty-one of section twelve, of an act entitled "An act making appropriations for the service of the Post Office Department for the fiscal year ending June thirtieth, eighteen hundred and seventy-five, and for other purposes" approved June twenty-third, eighteen hundred and seventy-four, and for other purposes, and section thirty-nine hundred and fifty-four of the Revised Statutes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That sub-sections two hundred and forty-six and two hundred and fifty-one of section twelve, of an act entitled "An act making appropriations for the service of the Post Office Department for the fiscal year ending June thirtieth, eighteen hundred and seventy-five, and for other purposes," approved June the twentythird, 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: Aug 11, 1876. 1874, ch. 456, § 12, 18 Stat., 235, amended. R. S., 3954. p. 772, amended. R. S., 3946, p. 770, amended. Oaths of sureties to be indorsed on for carrying mail. bonds of bidders Interrogatories "SEC. 246. That before the bond of a bidder, provided for in the aforesaid section, is approved, there shall be indorsed thereon the oaths of the sureties therein, taken before an officer qualified to admin ister oaths, that they are owners of real estate worth in the aggregate a sum double the amount of said bond, over and above all debts due and owing by them, and all judgments, mortgages, and executions against them, after allowing all exemptions of every character whatever. Accompanying said bond and as a part thereof, there shall be a series of interrogatories, in print or writing, to be prescribed by the to accompany Postmaster General, and answered by the sureties under oath showing bond. 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 statement made under the provisions oath. of this section he shall be deemed guilty of perjury, and, on conviction thereof, be punished as is provided by law for commission of the crime of perjury." "SEC. 251. That after any regular bidder whose bid has been accepted shall fail to enter into contract for the transportation of the mails according to his proposals, or having entered into contract, shall fail to commence the performance of the service stipulated in his or their contract as therein provided, the Postmaster-General shall proceed to contract 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 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 Penalty for false R. S., 3951, p. 771, amended. Proceedings on failure of lowest bidder to enter in to contract, etc. 130 form service. a bidder or not, who will enter into contract to perform the service in And if accordance with the terme 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. Proceedings on any bidder whose bid has been accepted, and who has entered into a failure or refusal of contract to perform the service according to his proposal, and in pursuance contractor to per- 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 Postmaster-General 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 serv ice 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 serv ice 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 execute 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 Proceedings on secured, the route shall be re-advertised. Whenever an accepted bidder failure of accepted shall fail to enter into contract, or a contractor on any mail-route shall bidder, etc., to enfail or refuse to perform the service on said route according to his conter into contract. tract, 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: Provided however, That the PostmasterGeneral shall not employ temporary service on any route at a higher price "And in all cases of regular than that paid to the contractor who shall have performed the service during the last preceeding contract term. contracts hereafter made, the contract may, in the discretion of the Postmaster General, be continued in force beyond its express terms for a period not exceeding six months, until a new contract 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: "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 PostmasterGeneral in due form to perform 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. Limit of price of temporary service. R.S., 3954, p. 772, amended. Penalty for wrongfully refusing, etc., to enter into contract, etc. Evidence of wrongful refusal. "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." Approved, August 11, 1876. CHAP. 261.-An act to authorize the Secretary of the Treasury to change the name of the steamboat "Hiram Wood." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treas. ury be, and is hereby, authorized to change the name of the steamboat "Hiram Wood" to "Dr. Burleigh," and grant an enrolment license in such other name. Approved, August 12, 1876. CHAP. 262.-Au act to change the name of the pleasure yacht "Ella" to that of "Myra" Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the name of the pleasure yacht "Ella," registered in the southern district of New York, be, and the same is hereby, changed to "Myra;" and the Secretary of the Treasury is authorized to grant a register in accordance therewith. Approved, August 12, 1876. Aug. 12, 1876. Name of yacht "Ella" changed to "Myra." Aug. 12, 1876. restored. CHAP. 263. An act concerning the employment of Indian Scouts. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of the Army Original number appropriation act of twenty-fourth July, eighteen hundred and seventy of Indian scouts six, as limits the number of Indian scouts to three hundred is hereby repealed; and sections ten hundred and ninety-four and eleven hundred and twelve of the Revised Statutes, authorizing the employment of one thousand Indian scouts, are hereby continued in force: Provided, That a proportionate number of non-commissioned officers may be appointed. And the scouts, when they furnish their own horses and horse-equip ments, shall be entitled to receive forty cents per day for their use and risk so long as thus employed. Approved, August 12, 1876. 1876, ch. 226. R. S., 1094, p. 202. horses. CHAP. 264.-An act to continue the provisions of an act entitled "An act to provide temporarily for the expenditures of the Government." Aug. 12, 1876. ernment contin Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of an act Appropriations entitled "An act to continue the provisions of an act entitled 'An act to for support of Govprovide temporarily for the expenditures of the Government,' approved ued. June thirtieth, eighteen hundred and seventy-six," approved July thirtyfirst eighteen hundred and seventy six, be, and the same are hereby, Ante, pp. 65, 78, extended and continued in full force and effect, until and including the 95, 122. fourteenth day of August, eighteen hundred and seventy-six. Approved, August 12, 1876. Post, p. 168. 132 for Aug. 14, 1876. CHAP. 265.—An act to provide for the payment of certain indebtedness incurred in Be it enacted by the Senate and House of Representatives of the United Approved, August 14, 1876. Aug. 14, 1876. reservation re duced. CHAP. 266.-An act to reduce the area of the military reservation of Fort Laramie, Be it enacted by the Senate and House of Representatives of the United Fort Laramie States of America in Congress assembled, That the military reservation of Fort Laramie, in the Territory of Wyoming, is hereby reduced to an area of fifty-four square miles; and the said reservation shall, after the passage of this act, be limited and bounded as described and declared in Executive Order of June twenty-eighth, eighteen hundred and sixty Part of reservation restored public lands. nine. SEC. 2. That all that portion of land added to the said reservation of to Fort Laramie, by Executive Order of April second, eighteen hundred and seventy-two, is hereby eliminated therefrom and restored to the body of the public lands, and shall be held to be subject to all provisions of the laws of the United States relating to the public lands, in the same manner and to the same extent as if said lands had never constituted a portion of said military reservation. Approved, August 14, 1876. Aug. 14, 1876. bors. CHAP. 267.—An act making appropriations for the construction, repair, preservation, and completion of certain public works on rivers and harbors, and for other purposes. Be it enacted by the Senate and House of Representatives of the United Appropriations States of America in Congress assembled, That the following sums of for rivers and bar- money be, and are hereby, appropriated, to be paid out of any money in the Treasury not otherwise appropriated, to be expended, under the direction of the Secretary of War, for the repair, preservation, construction, and completion of the following public works hereinafter named. For the improvement of the harbor at Dunkirk, New York, eighteen thousand dollars. Dunkirk. Buffalo. Wilson. Oak Orchard. Pultneyville. Great Sodus Bay. Hell Gate. For the improvement of the harbor at Buffalo, New York, eighty-five thousand dollars. For the improvement of the harbor at Wilson, New York, ten thou sand dollars. For the improvement of the harbor at Oak Orchard, New York two thousand dollars. For the improvement of the harbor at Pultneyville, New York three thousand dollars. For the improvement of the harbor at Great Sodus Bay, New York, five thousand dollars. For removing obstructions in the East River and Hell Gate, New York, two hundred and fifty thousand dollars. |