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Appropriation.

property and the part of the avenue to be paid for by said railroad company, and one-half of the cost of paving the intersection of the streets and avenues, less that to be paid by the railroad company, and the other half shall be paid out of the revenues of the District of Columbia, and the residue of the cost of such paving shall be paid as follows: One-third by the owners of private property lying and abutting on said Pennsylvania avenue, in proportion to their frontage thereon, as hereinafter provided; one third by the United States; and one-third out of the general revenue of the District of Columbia; and the amount required to pay the part of said cost assumed by the United States shall be paid out of any money in the Treasury not otherwise appropriated; and the amount required to pay the part of said cost charged to the District of Columbia shall also be paid out of any money in the United States Treasury not otherwise appropriated, but the money so paid shall be reimbursed to the Treasury of the United States by the District of Columbia from money derived from taxation upon the warrants or orders of said commission duly audited in the Treasury Department: Provided, That the property owners of such parts of squares two hundred and fifty-four, two hundred and fifty-six, three hundred and in certain squares. twenty-three, three hundred and forty-eight, and four hundred and eight, as are abutting upon said pavement, shall be assessed at the same rate per front foot as the owners on Pennsylvania avenue; And provided further, That the space between Seventh and Eighth streets, opposite the locality now occupied by the Washington Market Company, shall

Re-imbursement.

Property owners

be paid by the District of Columbia, unless the suit now pending as to ket Company. the ownership of said ground shall be decided against the said District when the same shall be refunded, with legal interest, by the Washington Market Company to said District.

Assessments, by

Deposit in Treas

SEC. 4. That assessments shall be made by the Commissioners of the District of Columbia upon the owners of said private property on said whom made. avenue and spaces, and upon said railroad company respectively, provided for in section three of this act, and the sums so found collected by the collector of the District of Columbia, and paid into the Treasury of the United States, where it shall be held as a special fund for the ury. specific purpose herein named; and such fund, together with such sum as shall be found to be due and payable from the United States for its proportion of the cost of said pavement, together with the proportion Treasury. due from the District of Columbia, shall be paid by the Secretary of the Treasury, on the warrant or order of the commission, or a majority thereof, herein authorized, in such amounts and at such times as they may deem safe and proper in view of the progress of the work.

Payments from

Limit of cost.

Post, pp. 207, 223.

SEC. 5. That the cost of laying down said pavement exclusive of the work charged to and paid for by the Washington and Georgetown Railroad Company, but including the removal of the present pavement, grading the avenue, and all other work and materials necessary to fully complete said pavement for use, shall not exceed the sum of four dollars and thirty cents per square yard; Provided said pavement shall be fully completed and ready for use December first, eighteen hundred tion. and seventy-six.

SEC. 6. That if the Washington and Georgetown Railroad Company, or any private citizen or other corporation or person, shall neglect or refuse to pay the amount assessed for the paving herein authorized, (within thirty days after the notification of such assessment shall have been published in one or more papers printed in the District of Columbia,) in front of, or adjoining their property, when the work so fronting or adjoining their property shall have been completed to the satisfaction of the commission provided for in this act, and assessed by the District of Columbia Commissioners, the said Commissioners of the District of Columbia shall issue certificates of indebtedness against the property, which certificates shall bear interest at the rate of ten per centum per annum until paid, and which, until they are paid, shall remain and be

Time of comple

Default in paying assessments.

Certificates of indebtedness.

94

cate.

of

FORTY-FOURTH CONGRESS. SESS. I.

Lien of certifi- a lien upon the property on or against which they are issued. And if
the said certificates are not paid within one year, the said Commissioners
of the District of Columbia shall, upon the application of the holder
Sale of property thereof, proceed to sell the property against which they are issued, or
so much thereof as may be necessary to pay said tax; such sales to be
on non-payment
certificate.
first duly advertised, daily, for one week, in some newspaper published
in the city of Washington, and to be made at public auction to the
highest bidder; and a deed given by the said Commissioners of the
District of Columbia in pursuance hereof shall be deemed and held to
be a good and perfect title to any property bought at such sale hereby
authorized: Provided, That the owner of said real estate shall have the
right to redeem the property sold by paying the amount of purchase-
money and ten per centum, with costs, on the amount of the said pur-
chase, within one year from the date of the sale.

Redemption.

Certain portion unless, etc.

SEC. 7. That the said paving-commission shall not repave that portion not to be repaved, of Pennsylvania avenue between Ninth and Tenth streets on the north side of the railroad track, unless it may be necessary for them so to do to perfect the whole system. Where street-railroads cross Pennsylvania avenue, the pavement between their tracks shall conform to the kind of pavement used on the said avenue; and the companies owning these inIntersecting rail- tersecting railroads shall pay for paving the same in the same manner and proportion as is required, by section three, of the Georgetown and Washington Railroad Company.

roads.

Water and gas mains, etc.

SEC. 8. That it shall be the duty of the Commissioners of the District of Columbia to see that all water and gas mains service-pipes, and sewerconnections are laid without delay to the contractors before the pavement authorized by this act is put down; and it shall be the duty of the board of water-commissioners and of the Washington Gas-Light Company, under the direction of the said paving-commissioners, to take up, lay, and replace all gas-pipes, water-mains, and connections on said Pennsylvania avenue, at such time and places as said paving-commisWooden paving- sion may direct; and the old wood paving-blocks, which are required to be removed under this act, shall be delivered to the said Commissioners of the District of Columbia for such use or disposition as they may see fit to make.

blocks.

Appropriation.

SEC. 9. That the sum of three thousand dollars is hereby appropriated out of any money in the Treasury of the United States not heretofore appropriated, and a like amount is directed to be paid by the District Expenses of com- of Columbia Commissioners to the said paving-commission, to defray the necessary expenses of said commission. Approved, July 19, 1876.

mission.

July 19, 1876.

Name of steamer

"Senator Mike
Norton" changed.

CHAP. 214.-An act for changing the name of the steam-propeller "Senator Mike
Norton" to "America."

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 and directed to change the name of
the steam-propeller "Senator Mike Norton" to "America," and grant a
new register for the same.
Approved, July 19, 1876.

July 21, 1876.

CHAP. 220.-An act to provide for the sale of the Fort Kearney military reservation in the State of Nebraska.

Whereas the tract of land in the State of Nebraska known as the Fort Kearney military reservation is no longer needed or used for military purposes, and has been abandoned by the military authorities: Therefore,

Sale of Fort

reservation.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be the duty of the Secretary of the Interior to cause said tract of land to be surveyed, Kearney military sectionized, and subdivided as other public lands, and after said survey, to offer said land to actual settlers only at minimum price, under and in accordance with the provisions of the homestead laws: Provided, That if any person has made permanent improvements upon said land prior to the first day of June, eighteen hundred and seventy-six, (being an actual settler thereon,) has exhausted his right to make a homestead entry, such person, or his heirs, may enter one quarter-section of said land under the provisions of the pre-emption-laws: And provided further, That the heirs of any deceased person who had made settlement and improvement as above described prior to June first, eighteen hundred steader. and seventy-six, may complete the pre-emption or homestead entry of the person so deceased.

SEC. 2. That the sum of three thousand dollars, or so much thereof as may be necessary, is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, for the purpose of carrying out the provisions of this act.

Approved, July 21, 1876.

Homesteads.

Heirs of home

Appropriation.

CHAP. 221.-An act to continue the provisions of an act entitled "An act to provide temporarily for the expenditures of the Government:"

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 entitled "An act to continue the provisions of an act entitled an act to provide temporarily for the expenditures of the Government" approved June thirtieth, eighteen hundred and seventy-six approved July tenth, eighteen hundred and seventy-six, be, and the same are hereby, extended and continued in full force and effect, until and including the thirty-first day of July, eighteen hundred and seventy-six Approved, July 21, 1876.

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CHAP. 222.—An act establishing the rank of the Paymaster-General

July 22, 1876.

Post, p. 270.

Rank of Pay

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage of this act, the rank of the Paymaster-General of the United States master-General. Army shall be brigadier-general; but no pay or allowances shall be made to said officer other than from the date of appointment under this act.

Approved, July 22, 1876.

CHAP. 223.—An act to provide for the construction of military posts on the Yellow-
Stone and Muscleshell Rivers.

Whereas, Lieutenant General Philip H. Sheridan and Brigadier General Alfred H. Terry have, in their reports to the Secretary of War for the year eighteen hundred and seventy-five, set forth the great importance and immediate necessity of the construction of Military posts at certain points on the Yellow-stone and Muscleshell Rivers, in the Territory of Montana, and in the Military Department of Dakota, and such recommendations have been transmitted to Congress with the approval of the Secretary of War: Therefore,

Be it enacted by the Senate and House of Representatives of the United

July 22, 1876.

Preamble.

96

on

Yellowstone

Appropriation States of America in Congress assembled, That the sum of two hundred for military posts thousand dollars, or so much thereof as may be necessary, is hereby and Muscleshell appropriated for the construction of such military posts or depots, at such points as may be selected by the Secretary of War. Approved, July 22, 1876.

Rivers.

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Appropriation.

Possession re

stored in case of disagreement.

CHAP. 224.—An act to authorize the Secretary of War to purchase a parcel of land
on the Island of Key West, Florida.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and he is hereby, authorized to purchase, for the use of the United States, at a price which shall be agreed upon between him and the owners, and not to exceed two thousand dollars, a certain parcel or tract not exceeding five acres of land claimed by W. C. Maloney and wife, lying and situate on the island of Key West, Florida, and adjoining the military reservation on said island: Provided, That the title of said parties to said property shall be found to be in all respects good and valid in law and equity; but this authority shall expire at the end of one year from the passage of this act, and the necessary amount of money to pay for the said land in the event of purchase is hereby appropriated out of any money in the Treasury not otherwise appropriated. SEC. 2. That if the Secretary of War and the owners of said property shall be unable to agree upon a price to be paid by the United States for said land, or if for any reason the United States shall fail to acquire the title to the same within a reasonable time after the passage of this act, then it shall be the duty of the Secretary of War to cause the possession of said property if the same belongs to the said Maloney and wife or such part of it as is now or may be occupied by the United States, to be restored to them.

Approved, July 22, 1876.

July 22, 1876.

Ante, pp. 1, 3, 6, 32.

Alabama claims court continued.

1874, ch. 459,
18 Stat., 245.

Powers of clerk continued.

CHAP. 225.-An act to extend the duration of the Court of Commissioners of Alabama Claims

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the existence of the Court of Commissioners of Alabama Claims, created by the act entitled "An act for the creation of a court for the adjudication and disposition of certain moneys received into the Treasury under an award made by the tribunal of arbitration constituted by virtue of the first article of the treaty concluded at Washington the eighth of May, anno Domini, eighteen hundred and seventy-one, between the United States of America and the Queen of Great Britain," be, and the same is hereby, continued and extended to the first day of January next, with the same effect and no other as if said last named day had been named in said act for the termination of the powers of said court, and said act is hereby continued in force during said period.

SEC. 2. That the powers of the clerk of said court are hereby extended for an additional period, not to exceed two months from and after the termination of the existence of the court, for the purpose of closing his accounts, depositing the records, documents, and all other papers in the possession of the court or its officers in the Office of the Secretary of State, as provided in said act; and all disbursements made by him during this period shall be under the direction of the Secretary of State.

Approved, July 22, 1876.

CHAP. 226.-An act making appropriations for the support of the Army for the fiscal year ending June thirtieth, eighteen hundred and seventy-seven, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, for the support of the Army, for the year ending June thirtieth, eighteen hundred and seventy seven as follows:

For expenses of the Commanding General's Office three thousand dollars.

July 24, 1876.

Appropriations for support of Army June 30, 1877. for year ending

Commanding General's Office. Recruiting.

No money paid

Post, pp. 131, 204.

For expenses of recruiting and transportation of recruits, ninety thousand dollars. And no money appropriated by this act shall be paid for recruiting the Army beyond the number of twenty five thou- for recruiting besand enlisted men, including Indian scouts and hospital stewards. yond 25,000 men. Nothing, however, in this act shall be construed to prevent enlistments for the Signal Service, which shall hereafter be maintained as now organized, and as provided by law with a force of enlisted men not exceeding four hundred after present terms of enlistment have interfered with. expired.

Enlistments in

Signal Service not

For contingent expenses of the Adjutant-General's Department at the Adjutant-Geneheadquarters of military divisions and departments, three thousand ral's Department. dollars.

For expenses of the signal service of the Army, purchase, equipment, and repair of electic field telegraphs and signal equipments, ten thousand five hundred dollars.

PAY DEPARTMENT.-For pay of the commissioned and non-commissioned officers, privates, military storekeepers, medical storekeepers musicians and veterinary surgeons, artificers, farriers, saddlers, and wagoners, except as hereinafter enumerated, nine million nine hundred and eighteen thousand five hundred and seventy-four dollars and fifty

cents.

For the pay proper of three hundred privates employed as Indian scouts forty six thousand eight hundred dollars.

MISCELLANEOUS:-For the pay of contract surgeons one hundred and sixty one thousand six hundred and thirty seven dollars.

For the pay of fifty-two paymasters' clerks sixty two thousand four hundred dollars.

For the pay of two hundred hospital stewards seventy two thousand dollars.

For the pay of two hundred hospital matrons, twenty-four thousand dollars.

For one hundred and forty eight commissary sergeants, sixty thousand three hundred and eighty-four dollars.

For messengers to paymasters fifteen thousand dollars.
For extra duty pay to enlisted men, thirty thousand dollars.
For travel-pay and commutation of subsistence to discharged soldiers,
five hundred thousand dollars.

For retained pay to discharged men, seven hundred and three thousand eight hundred and sixty dollars.

For pay to soldiers for clothing not drawn three hundred and sixty thousand dollars

For additional pay to enlisted men, three hundred and fifty-six thousand five hundred and twenty dollars.

For mileage of officers of the Army when travelling under orders two hundred and thirty thousand dollars.

Signal Service.

Pay of Army.

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Postage, tele

For postage on letters and packages received and sent by officers of the Army, on public service; cost of telegrams; compensation of citi- grams, etc. zen witnesses attending upon courts-martial, military commissions, courts of inquiry; travelling expenses of paymasters' clerks, eighty thousand dollars: Provided, That the appropriations under the head of Proviso. "Pay Department" in this act shall be accounted for by disbursing

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