further, That Broadway, Vallejo, Green, Union, Filbert, Greenwich, Lombard, Chestnut, Francisco, Bay, North Point, Jefferson, Tonquin, and Lewis streets as laid down on the official map of the city and county of San Francisco, be extended westerly to intersect the easterly line of Lyon street as herein provided, be, and are hereby, dedicated as public highways and streets forever. Approved, May 9, 1876. CHAP. 94. An act appropriating fifty thousand dollars for subsistence supplies for na. May 9, 1876. Appropriation. Subsistence of Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of fifty thousand dollars be, and the same is hereby, appropriated, or so much thereof as may be necessary, out of any money in the Treasury not otherwise appropriated, to provide subsistence supplies for the Apache Indians in Arizona Territory from first May to thirtieth June, eighteen hundred Apaches in Arizoand seventy-six, said subsistence supplies to be purchased in open market, if in the judgment of the Secretary of the Interior it shall be deemed best: And if any surplus remains after the purchase of said supplies, Application of surplus. the same, or so much thereof as may be necessary, shall be used to defray the expenses incident to the removal of the Indians of the Chiricahua Agency to the San Carlos reservation in said Territory, whenever in the judgment of the Secretary of the Interior such removal may be deemed advisable. Approved, May 9, 1876. May 13, 1876. No assessment on materials used in producing malt fiquors. R. S., 3337, p.654. CHAP. 95.-An act to define the tax on fermented or malt liquors. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That nothing contained in section three thousand three hundred and thirty-seven of the Revised Statutes of the United States shall be so construed as to authorize an assessment upon the quantity of materials used in producing or purchased for the purpose of producing, fermented or malt liquors, nor shall the quantity of materials so used or purchased be evidence, for the purpose of taxation, of the quantity of liquor produced; but the tax on all beer, lager-beer, ale, porter, or other similar fermented liquor, brewed paid. or manufactured, and sold or removed for consumption or sale, shall be paid as provided in section three thousand three hundred and thirtynine of said statutes, and not otherwise: Provided, That this act shall not apply to cases of fraud. And provided further, That nothing in this act shall have the effect to change the present rules of law respecting evidence in any prosecution or suit Approved, May 13, 1876. Tax, how to be Proviso. Proviso. May 13, 1876. Transfer of ap thorized. CHAP. 96.—An act authorizing the transfer of a certain appropriation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That of the sum of "five hundred and eighty-five thousand dollars" appropriated in the first section of the propria tion auact of March third, one thousand eight hundred and seventy-five, "making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and seventysix, and for other purposes," for salaries of nine hundred and seventyfive light-house keepers and light beacon keepers, and their assistants, the sum of sixteen thousand dollars is hereby authorized to be transferred to, and used in aid of, the appropriation made in the same act "for the maintenance of lights on the Mississippi, Ohio, and Missouri Rivers, and such buoys as may be necessary, including salaries of keepers.". Approved, May 13, 1876. 1875, ch. 130, 18 Stat., 378. May 19, 1876. CHAP. 101.-An act appropriating nine thousand dollars to pay the expenses of the Be it enacted by the Senate and House of Representatives of the United Appropriation. States of America in Congress assembled, That the sum of nine thousand dollars, or so much thereof as may be necessary, be, and the same is hereby, appropriated from any moneys in the Treasury not otherwise Expenses of in- appropriated, to defray the expenses of the Select Committee charged vestigating com- with the investigation of the Federal offices in Louisiana; said appromittee on Louisi- priation to be added to the contingent fund of the House. ana. Approved, May 19, 1876. May 20, 1876. Post, pp. 55, 59, 405. 1874, ch. 55, 18 Stat., 21. Amended. CHAP. 102.-An act to amend the act entitled "An act entitled 'An act to encourage the growth of timber on western praries,"" approved March thirteenth, eighteen hundred and seventy-four. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section three of the act entitled "An act to amend the act entitled 'An act to encourage the growth of timber on the western prairies,"" is hereby amended by adding thereto the following further proviso: Provided, further, That whenever a party holding a claim under the provisions of this act, or whenever making final proof under the same, shall prove by two good and credible witnesses that the trees planted and growing on said claim were destroyed by grasshoppers during any one or more years while holding said claim, said year or years in which said trees were so destroyed shall not work any forfeiture of any of the rights or privileges conferred by Time to plant this act; and the time allowed by this act in which to plant the trees and make final proof shall be extended the same number of years as the trees planted on the said claim were destroyed in the manner specified in this section. Trees destroyed by grasshoppers. trees extended. Planting of seeds, etc., to be deemed compliance. Proviso. SEC. 2. That the planting of seeds, nuts, or cuttings shall be considered a compliance with the provisions of the timber-culture act: Provided, That such seeds, nuts, or cuttings of the kind and for the purpose contemplated in the original act shall be properly and well planted, the ground properly prepared and cultivated; and in case such seeds, nuts, or cuttings should not germinate and grow, or should be destroyed by the depredations of grasshoppers, or from other inevitable accident, Replanting, when that the ground shall be replanted or the vacancies filled within one required. Proviso. Proof of facts. Trees, etc., may rate bodies. year from the first planting: Provided, further, That parties claiming the benefit of the provisions of this act shall prove, by two good and credible witnesses, that the ground was properly prepared and planted in such seeds, nuts, or cuttings, and were so destroyed by inevitable accident in such year. SEC. 3. That it shall not be necessary to plant trees, seeds, nuts, or be planted in sepa- cuttings in one body, provided the several bodies, not exceeding four in number, planted by measurement, aggregate the amount required and in the time required by the original and amended act. Approved, May 20, 1876. May 23, 1876. men CHAP. 103.—An act relating to interments in the Congressional Cemetery. Be it enacted by the Senate and House of Representatives of the United Monuments to States of America in Congress assembled, That hereafter whenever any deceased Congress- deceased Senator or Member of the House of Representatives shall be actually interred in the Congressional Cemetery, so-called, it shall be the duty of the Sergeant-at-Arms of the Senate, in the case of a Senator, and of the Sergeant-at-Arms of the House of Representatives, in the when, and how case of a member of the House, to have a monument erected, of granite, erected; with suitable inscriptions, and the cost of the same shall be a charge upon and paid out either from the contingent funds of the Senate or of the House of Representatives, to whichever the deceased may have belonged, and any existing omissions of monuments or inscriptions, as aforesaid, are hereby directed and authorized to be supplied in like. manner, and all laws upon the subject of monuments in the Congressional Cemetery are hereby repealed. Approved, May 23, 1876. how paid for. May 23, 1876. Ante, p.54. CHAP. 104.—An act to extend the time to pre-emptors on the public lands Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever any pre emptor on public lands or Indian reservations shall make satisfactory proof, at the local land office, under rules and regulations to be prescribed by time for final pro the Secretary of the Interior, that the crops upon the lands occupied by him have been destroyed by grasshoppers within two years prior to the passage of this act, the time within which such pre-emptor is required to make final proof and payment is hereby extended two years. Approved, May 23, 1876. CHAP. 105.-An act extending the time within which homestead entries upon certain lands in Michigan may be made. extended in certain cases. May 23, 1876. 1872, ch. 424, 17 Stat., 381. 1875, ch. 188, 18 Stat., 516. Amended. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section one of an act entitled "An act to amend an act entitled 'An act for the restoration to market of certain lands in Michigan,' approved June tenth, eighteen hundred and and seventy-two," approved March third, eighteen hundred and seventy-five, be, and hereby is, amended so as to read as follows: That the act approved June tenth, eighteen hundred and seventytwo, entitled "An act for the restoration to market of certain lands in Michigan," be, and is hereby, amended so as to authorize the Secretary of the Interior to cause patents to be issued to three hundred and twenty members of the Ottawas and Chippewas of Michigan for the selections in Michigan to isfound to have been made by them, but which were not, prior to the passage of said act, regularly reported and recognized by the Secretary of the Interior and Commissioner of Indian Affairs; and the remainder of said lands not disposed of, and not valuable mainly for pine timber, shall be subject to entry under the homestead laws. Approved, May 23, 1876. CHAP. 106.-An act to further provide for the building of a custom house, post office, court-rooms, and so forth, in the city of Memphis, Tennessee. Patents for lands sue to certain Ottawa and Chippewa Indians. Remainder sub ject to homestead entry. May 23, 1876. Custom-house lot accepted. Post, p. 240. Building to be. erected. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the lot or parcel of ground in the city of Memphis, in the State of Tennessee, granted and donated in Memphis, Tenn., by ordinance of the General Council of said city, under authority of an act of the Legislature of said State of Tennessee, for a site upon which to erect a custom house, post office, bonded warehouse, and court-rooms, be and the same is hereby, accepted by the Government of the United States for the purpose aforesaid, on which shall be erected the building authorized by the act entitled "An act authorizing and directing the Secretary of the Treasury to cause plans and estimates to be made and a suitable site provided for a public building at Memphis Tennessee," approved February twenty-first, eighteen hundred and seventy three; and the Secretary of the Treasury shall employ the means necessary to secure the benefits to the United States of said donation: Provided, however, That the title of the United States to said ground shall be made good and sufficient: And provided further, That the cost of the building good. so to be erected shall not exceed four hundred thousand dollars. 1873, ch. 176, 17 Stat., 469. Title to be made Cost. Old lot to be sold. Terms. Proceeds. SEC. 2. That the act of Congress approved February twenty-first, eighteen hundred and seventy-three, entitled "An act to provide for the building of a custom house, and so forth" in the city of Memphis, in the State of Tennessee, and for other purposes, be so amended as to authorize the Secretary of the Treasury to sell the lot of ground now owned by the Government of the United States on the corner of Jefferson and Third streets, in the city of Memphis, Tennessee, at public auction for cash, or on such credit as he may deem most advantageous, within twelve months from the passage of this act, after advertising the same for a period of thirty days in two newspapers published in the city of Memphis, and in such other manner as he may think proper; and the proceeds thereof shall be covered into the Treasury. Approved, May 23, 1876. May 23, 1876. 1875, ch. 161, 18 Stat., 498. Amended. CHAP. 108.-An act to amend the charter of the Capitol, North O Street, and South Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act entitled "An act to incorporate the Capitol, North O Street, and South Washington Railway Company," approved March third, eighteen hundred and seventyfive, be, and the same is hereby, amended so as to authorize and allow said company to extend its line ou Fourth and Eleventh streets west from O street to P street north, and to lay a single track and run its Route changed. cars one way upon P street between Fourth and Eleventh streets, instead of laying a double track and running its cars both ways upon O street. Approved, May 23, 1876. May 24, 1876. Right of way through arsenal grounds at Benecia, Cal., granted. CHAP. 112.-An act to grant the right of way for railroad purposes through the Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the right of way, not exceeding one hundred feet in width, through the lands of the United States included in the military reservation near Benicia, in the State of California, is hereby granted to the Northern Railway Company for the purpose of constructing a railroad: Provided, That the said right of way, and the width and location thereof through said lands, and the regulations for operating said railroad within the limits of the reservation so as to prevent all danger to public property, shall be submitted Secretary of War to, and approved by, the Secretary of War, prior to any entry on said to approve loca- lands, or the commencement of the construction of said works: Provided, tion, etc. When to revert also, That whenever said rights of way shall cease to be used for the purposes aforesaid, the same shall revert to the United States: And provided further, That the right to repeal alter or amend this act is reserved to Congress. to United States. Right of repeal, etc., reserved. Approved, May 24, 1876. May 25, 1870. CHAP. 114.-An act authorizing the Commissioners of the District of Columbia to cancel and annul the condemnation of ground in square seven hundred and sixtytwo, in the city of Washington, for a public alley, and for other purposes. Be it enacted by the Senate and House of Representatives of the United Condemnation of States of America in Congress assembled, That the Commissioners of the ground for alley in District of Columbia be, and they are hereby, authorized to cancel and square 762 may be annul the condemnation of ground in square seven hundred and sixtytwo, in the city of Washington, District of Columbia, for the purpose of locating a public alley in said square, should they deem the abandon annulled. ment of said projected alley compatible with the interests of the public: Provided, however, That said abandonment shall only be made upon the petition of a majority of the residents and owners of the property in said square. On petition of owners, etc. Damages to be SEC. 2. That the Commissioners shall take steps to recover into the treasury of the District of Columbia any damages paid to any person recovered. or persons occupying or owning property in said square, where the property of said person or persons has been in no manner interfered with or damaged; and that, upon such recovery, said Commissioners shall refund any benefits assessed against any person or persons owning or occupying property in said square, provided such benefits shall have been paid. Approved, May 25, 1876. Benefits to be refunded. June 2, 1876. 1875, ch. 129, CHAP. 118.—An act making certain transfers of appropriations in the provisions for the contingent expenses of the Department of Justice for the current year. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provision for the Contingent Expenses of the Department of Justice, in the act approved 18, Stat., 369. March third one thousand eight hundred and seventy-five, making appropriations for the legislative, executive and judicial expenses of the government for the year ending June thirtieth, one thousand eight hundred and seventy-six, be amended by transferring to the appropriation for miscellaneous expenditure the following sums, from from other propriations for specific appropriations, to wit: three hundred dollars from the appro- tice authorized. Department of Juspriation for "furniture and repairs" three hundred dollars from the appropriation for "care and subsistence of horses," and two hundred dollars from the appropriation for "repairs to carriages and harness," making the amount so transferred, eight hundred dollars. Approved, June 2, 1876. Transfer of ap CHAP. 119.—An act to permit the judge of the district court of the United States for the western district of Pennsylvania to retire. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of section seven hundred and fourteen of the Revised Statutes be, and are hereby, extended and made applicable to Wilson McCandless, judge of the district court of the United States for the western district of Pennsylvania, in consequence of his physical disability, notwithstanding he has not attained the age of seventy years: Provided, That the said McCandless shall resign his office within six months next after the passage of this act. Approved, June 2, 1876. June 2, 1876. R. S., 714, p. 135, extended to Wilson McCandless. Proviso. June 7, 1876. Site for Lick Ob CHAP. 120.—An act granting a site for an observatory to the trustees of the Lick Observatory of the astronomical department of the University of California. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whereas James Lick, of San Francisco, California, has, by deed of trust, given a large sum of servatory reserved money for the erection and equipment of an observatory, dedicating the same to the astronomical department of the University of California for scientific and educational purposes, and has selected Mount Hamilton, in the county of Santa Clara, and State aforesaid, as the site for said observatory, and which is situate on the public lands of the United from sale. |