All such lands in South Carolina, including certain tracts purchased under 66 army and navy "sales, to come within this act. Proviso. Moneys from sale of "school farm lands appropriated to use of free public parishes, &c.; SEC. 5. That all lands now owned by the United States, acquired under the provisions of any of the United States direct-tax acts, situated in the State of South Carolina, including all tracts or lots of land purchased und[er] "army and navy" sales, not paid for in full at the present time, shall be included in the provisions of this act: Provided, however, That the applications of the purchasers under "army and navy" sales shall, for six months after the passage of this act, have precedence so far as relates to the land purchased by them. SEC. 6. That all money derived from the sale of "school-farm" lands, under the provisions of section eight of an act entitled "An act to continue in force and to amend' An act to establish a bureau for the relief of freedmen, and refugees, and for other purposes,"" approved July sixteenth, schools in certain eighteen hundred and sixty-six, and which money is now in the custody 1866, ch. 200, § 8. of the Freedmen's Bureau, be, and the same is hereby, appropriated for Vol. xiv. p. 175; the use and support of free public schools in the parishes of Saint Helena how to be ex- and Saint Luke, South Carolina, in equal parts, to be expended under pended. [New section the direction and control of a special board of three commissioners, who substituted. shall be appointed by and act under the direction of the Secretary of the Treasury, and shall be duly sworn that they will faithfully discharge their duties as such commissioners, and shall give such good and sufficient bonds therefor as said Secretary shall require, and who shall not receive more than one hundred dollars per year each for their services. 1873, ch. 260. Post, p. 600.] This act not to apply to or include national SEC. 7. That the provisions of this act shall not be construed to apply to or embrace any lands, farms, plantations, or lots which are now, in cemeteries, &c. whole or in part, used or occupied by the United States for national cemeteries, or for the burial of the dead, or other public purposes, or which have been set apart to any such purpose, or which, under the instruction of the President of the President of the United States, have been reserved for military or naval purposes, or such lots of land on Hunting Island, South Carolina, as may be necessary as a site for the erection of a lighthouse. Premises occupied as a courthouse in Beaufort, S. C., released to the county, &c., Purchasers evicted from such lands, by, &c., SEC. 8. That the premises known and designated as block one hundred and twenty-three on the plat of the late commissioners of direct taxes for said State, in the town of Beaufort aforesaid, now occupied as a courthouse for the county of Beaufort, in said State, be, and the same are hereby, released unto said county, for the public uses of said county; and that all sums of money due to the United States on account of said premises be, and they are hereby, released in favor of said county. SEC. 9. That section two of an act entitled "An act for the relief of purchasers of land sold for direct taxes in the insurrectionary States," approved May ninth, eighteen hundred and seventy-two, be, and the same is hereby, ame[n]ded to read as follows: "SEC. 2. That in all cases where the owner of any land sold for taxes as aforesaid, his heirs or assigns, has recovered or shall recover the same through failure of from the purchaser, his heirs or assigns, without collusion on his or their title, to be repaid part, by the judgment of any United States court, by reason of a failure their purchase- without his or their fault or neglect, of the title of the purchaser derived money, if, &c. 1872, ch. 145, § 2. from said sale, the Secretary of the Treasury, on the payment into the Ante, p. 89. treasury, by the clerk, of the money deposited with him as aforesaid, and on being satisfied that any purchaser, his heirs or assigns, without his or their collusion, has been evicted from or turned out of possession of any such land by the judgment of any United States court, in the manner before mentioned, is hereby authorized, out of any money in the treasury not otherwise appropriated, to repay to the person or persons entitled thereto a sum of money equal to that originally paid by the purchaser of the land so recovered, if the same has been paid into the treasury, or to any person legally authorized to receive the same for the United States." APPROVED, June 8, 1872. CHAP. CCCXXXVIII-An Act to amend an Act relating to Soldiers' and Sailors' June 8, 1872. Amendment of 1872, ch. 85. Ante, p. 49. Certain honor quarter-section of stead. 1862, ch. 25, § 3. Vol. xii. p. 339. 1862, ch. 78. Vol. xii. p. 392. 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 enable honorably discharged soldiers and sailors, their widows and orphan children, to acquire homesteads on the public lands of the United States," approved April fourth, eighteen hundred and seventy-two, be, and the same is hereby, amended so as to read as follows: That every private soldier and officer who has served in the army of the United States during the ably discharged soldiers, sailors, recent rebellion for ninety days, or more, and who was honorably dis- and marines may charged, and has remained loyal to the government, including the troops enter upon, &c., mustered into the service of the United States by virtue of the third sec- not over one tion of an act entitled "An act making appropriations for completing the certain public defences of Washington, and for other purposes," approved February thir- lands as a hometeenth, eighteen hundred and sixty-two, and every seaman, marine, and officer who has served in the navy of the United States, or in the marine corps, during the rebellion, for ninety days, and who was honorably discharged, and has remained loyal to the government, shall, on compliance with the provisions of an act entitled "An act to secure homesteads to actual settlers on the public domain," and the acts amendatory thereof, as hereinafter modified, be entitled to enter upon and receive patents for a quantity of public lands (not mineral) not exceeding one hundred and sixty acres, or one quarter-section, to be taken in compact form, according to legal subdivisions, including the alternate reserved sections of public lands along the line of any railroad or other public work, not otherwise reserved or appropriated, and other lands subject to entry under the homestead laws of the United States: Provided, That said homestead settler shall be allowed six months after locating his homestead, and filing his declaratory statement, within which to make his entry and commence his &c. settlement and improvement: And provided also, That the time which Certain time to the homestead settled shall have served in the army, navy, or marine be deducted. corps aforesaid shall be deducted from the time heretofore required to perfect title, or if discharged on account of wounds received, or disability incurred in the line of duty, then the term of enlistment shall be deducted from the time heretofore required to perfect title, without reference to the length of time he may have served: Provided, however, That no patent Patent not to shall issue to any homestead settler who has not resided upon, improved, issue until, &c. and cultivated his said homestead for a period of at least one year after he shall commence his improvements as aforesaid. Settlement, &c., may be commenced within, who have hereto SEC. 2. That any person entitled, under the provisions of the foregoing Persons entitled section, to enter a homestead who may have heretofore entered, under the to a homestead, homestead laws, a quantity of land less than one hundred and sixty acres, fore entered less shall be permitted to enter, under the provisions of this act, so much land than 160 acres, contiguous to the tract embraced in the first entry as, when added to the may now make up the difference. quantity previously entered, shall not exceed one hundred and sixty acres. See Post, p. 605. SEC. 3. That in case of the death of any person who would be entitled to a homestead under the provisions of the first section of this act, his widow, if unmarried, or in case of her death or marriage, then his minor and minor chilorphan children, by a guardian duly appointed and officially accredited at dren of those enthe Department of the Interior, shall be entitled to all the benefits enu- stead under this merated in this act, subject to all the provisions as to settlement and im- act may enjoy its provements therein contained: Provided, That if such person died during benefits. his term of enlistment, the whole term of his enlistment shall be deducted from the time heretofore required to perfect the title. The widows titled to a home Proviso. navy to be SEC. 4. That where a party, at the date of his entry of a tract of land. Actual service under the homestead laws, or subsequently thereto, was actually enlisted in the army or and employed in the army or navy of the United States, his services there- deemed equivain shall, in the administration of said homestead laws, be construed to be lent to a resiequivalent, to all intents and purposes, to a residence for the same length dence for the same time upon the act entered as a homestead when, &c. Provisos. Persons en titled under this act to a home stead, may make entry by an agent, by filing, &c., actual entry, &c., to be made in person. Commissioner of land office to make rules. June 8, 1872. 1867, ch.176, § 14. Vol. xiv. p. 523. Property not included in exceptions, exempt from assignment in any State to an amount not exceeding that exempt from levy, &c., by the laws of such See Post, p. 577. 1867, ch. 176, § 2. of time upon the tract so entered: Provided, That if his entry has been cancelled by reason of his absence from said tract while in the military or naval service of the United States, and such tract has not been disposed of, his entry shall be restored: And provided further, That if such tract has been disposed of, said party may enter another tract subject to entry under said laws; and his right to a patent therefor may be determined by the proofs touching his residence and cultivation of the first tract and his absence therefrom in such service. SEC. 5. That any soldier, sailor, marine officer, or other person coming within the provisions of this act may, as well by an agent as in person, enter upon said homestead by filing a declaratory statement as in pre-emption cases: Provided, That said claimant in person shall within the time prescribed make his actual entry, commence settlements and improvements on the same, and thereafter fulfil all the requirements of this act. SEC. 6. That the commissioner of the general land office shall have authority to make all needful rules and regulations to carry into effect the provisions of this act. APPROVED, June 8, 1872. CHAP. CCCXXXIX. — An Act to amend an Act entitled "An Act to establish a Uniform System of Bankruptcy throughout the United States." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first proviso in section fourteen of an act approved March second, eighteen hundred and sixtyseven, entitled "An act to establish a uniform system of bankruptcy throughout the United States," be amended by striking out the words "eighteen hundred and sixty-four," and inserting in lieu thereof "eighteen hundred and seventy-one." APPROVED, June 8, 1872. CHAP. CCCXL. An Act to declare the true Intent and Meaning of Section Two of an Be it enacted by the Senate and House of Representatives of the United The jurisdic States of America in Congress assembled, That the powers and jurisdiction of circuit tion granted to the several circuit courts of the United States, or any courts in bankjustice thereof, by section two of an act entitled "An act to establish a ruptcy may be exercised in any uniform system of bankruptcy throughout the United States," approved district in which March second, eighteen hundred and sixty-seven, may be exercised in the power, &c., of a circuit court any district in which the powers or jurisdiction of a circuit court have has been, &c., been or may be conferred on the district court for such district, as if no conferred on the such powers or jurisdiction had been conferred on such district court; if no such power it being the true intent and meaning of said act that the system of bankruptcy thereby established shall be uniform throughout the United States. district court, as had been con ferred thereon. June 8, 1872. APPROVED, June 8, 1872. CHAP. CCCXLI.-An Act concerning the Circuit and District Courts of the United States for the District of Kansas. Be it enacted by the Senate and House of Representatives of the United Term of circuit States of America in Congress assembled, That from and after the passage and district court of this act the May term of the circuit court, and the October term of in Kansas, to be held at Leaven- the district court, of the United States for the district of Kansas, shall be commenced and held at the city of Leavenworth, Kansas. APPROVED, June 8, 1872. worth. CHAP. CCCXLII.— An Act increasing the Rates of Pension to certain Persons therein June 8, 1872. described. Amendment of 1866, ch. 106. Vol. xiv. p. 56. Persons who 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 supplementary to the several acts relating to pensions," approved June sixth, eighteen hundred and sixty-six, be so amended that from and after the passage of this act all persons entitled by law to a less pension than hereinafter specified, who, while in the military or naval service of the have lost sight of United States and in line of duty, shall have lost the sight of both eyes, both hands, or both eyes, or lost or shall have lost both hands, or shall have lost both feet, or been per- both feet, &c., to manently and totally disabled in the same, or otherwise so permanently $31.25 a month; have pension of and totally disabled as to render them utterly helpless, or so nearly so as to require the constant personal aid and attendance of another person, shall be entitled to a pension of thirty-one dollars and twenty-five cents per month; and all persons who under like circumstances shall have lost losing one one hand and one foot, or been totally and permanently disabled in the hand and one same, or otherwise so disabled as to be incapacitated for performing any $24 a month; manual labor, but not so much as to require constant personal aid and attendance, shall be entitled to a pension of twenty-four dollars per month; and all persons who under like circumstances shall have lost one hand, or losing one one foot, or been totally and permanently disabled in the same, or other- hand or one foot, wise so disabled as to render their incapacity to perform manual labor a month after, equivalent to the loss of a hand or foot, shall be entitled to a pension of &c. eighteen dollars per month, from and after the fourth day of June, eighteen hundred and seventy-two. APPROVED, June 8, 1872. CHAP. CCCXLIII. — An Act to create an additional Land District in Florida. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That that portion of Florida lying east of the line between ranges fourteen and fifteen east shall constitute an additional land district, and shall be known as the East Florida district, the office for which shall be located at Jaynesville. SEC. 2. That there shall be appointed a register and a receiver for said land district, and who shall be entitled to the same compensation as is, or may hereafter be, prescribed by law for like officers of the other district in said State. APPROVED, June 8, 1872. CHAP. CCCXLIV.— An Act to provide for filling Vacancies in certain Offices in the several Territories. foot, &c., to have &c., to have $18 June 8, 1872. East Florida land district established with office at Jaynes ville. Register and receiver, and their pay. June 8, 1872. territories, how Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in any of the territories, Vacancies in whenever a vacancy shall happen from resignation or death during the certain othees in recess of the legislative council in any office which, under the organic filled. act of said territory, is to be filled by appointment of the governor, by and with the advice and consent of the council, the governor shal. fill up such vacancy by granting a commission, which shall expire at the end of the next session of said legislative council. APPROVED, June 8, 1872. CHAP. CCCXLV. - An Act to amend an Act entitled " An Act to provide for the Disposition of useless military Reservations," approved February twenty-fo-rth, eighteen hundred and seventy-one. June 8, 1872. 1871, ch. 68. Vol. xvi. p. 431. The United States military reservation at 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 and directed to transfer to the custody and control of the Secretary of the Interior, for disposition for cash, according to the Fort Walla Walla, Washing- existing laws of the United States relating to the public lands, after appraiseton Territory, to ment, to the highest bidder, and at not less than the appraised value, nor at be sold; mode of sale; less than one dollar and twenty-five cents per acre, the United States milimay be subdi- tary reservation at Fort Walla-Walla, in the Territory of Washington: vided into, &c.; Provided, That the Secretary of the Interior shall, whenever in his opinion the public interests may require it, cause the foregoing reservation, or part or parts thereof, to be subdivided into tracts of less than forty acres each, or into town-lots, with the necessary street or streets to make the same accessible: And provided further, That each subdivision, together with the buildings, building materials, or other property which may be thereon, shall be appraised and offered separately at public outcry, to the highest bidder, as herein before provided, but not in subdivisions of more than forty acres each, after which any unsold land or lot shall be subject to sale at private entry for the appraised value at the proper land-office. APPROVED, June 8, 1872. each subdi vision to be sold separately at public auction. Unsold lots to be subject to sale at private entry, &c. June 8, 1872. 1841, ch. 35, § 5. Vol. v. p. 432. collectors of cus toms ports performing, &c., duties of collec CHAP. CCCXLVI. An Act for the better Security of Bank Reserves, and to facilitate Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury is hereby authorized to receive United States notes on deposit, without interest, from national banking associations, in sums not less than ten thousand dollars, and to issue certificates therefor in such form as the secretary may prescribe, in denominations of not less than five thousand dollars; which certificate shall be payable on demand in United States notes, at the place where the deposits were made. SEC. 2. That the United States notes so deposited in the treasury of the United States shall not be counted as part of the legal reserve; but the certificates issued therefor may be held and counted by national banks as part of their legal reserve, and may be accepted in the settlement of clearing-house balances at the places where the deposits therefor were made. SEC. 3. That nothing contained in this act shall be construed to authorize any expansion or contraction of the currency; and the United States notes for which such certificates are issued, or other United States notes of like amount, shall be held as special deposits in the treasury, and used only for the redemption of such certificates. APPROVED, June 8, 1872. CHAP. CCCXLVII. · An Act to amend section five of an Act entitled "An Act making Appropriations for the civil and diplomatic Expenses of the Government for the Year eighteen hundred and forty-one," approved March three, eighteen hundred and forty-one, and to authorize the proper Construction thereof. Be it enacted by the Senate and House of Representatives of the United Law relating to States of America in Congress assembled, That the provisions of the fifth compensation of section of the act entitled "An act making appropriations for the civil and tom to apply to diplomatic expenses of the government for the year eighteen hundred and surveyors of cus- forty-one," approved March three, eighteen hundred and forty-one, which established and limited the compensation of collectors of customs, shall be amended, and shall be construed to apply to all surveyors of customs ports performing, or having performed, the duties of collectors of customs, who shall be entitled to receive the same compensation as is allowed to collectors by said act of March three, eighteen hundred and forty-one, for like services in the settlement of their accounts with the treasury: Provided, That the fees, commissions, and emoluments prescribed by law and collected by them shall amount to such maximum allowance. tors. Proviso. APPROVED, June 8, 1872. |