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CHAP. CXLIV.- An Act amendatory of the Act providing for the Sale of the Arsenal Grounds at St. Louis and Liberty, Missouri, and for other Purposes, approved July twenty-five, eighteen hundred and sixty-eight.

of

March 3, 1869.

1868, ch. 243. Ante, p. 187.

former grants.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of the third secSix acres of the Arsenal tion of the act providing for the sale of the arsenal grounds at Saint grounds at St. Louis and Liberty, Missouri, and for other purposes, approved July Louis, to be destwenty-five, eighteen hundred and sixty-eight, as grants to the city of ignated by the Secretary of Saint Louis the westernmost six acres of the tract of ground occupied by War, to be grantthe Saint Louis arsenal, be, and the same is hereby, repealed, so far as it ed to the city of designates the part of said tract so granted; and in lieu of said westernSt. Louis, in lieu most six acres there shall be granted to said city, for the purposes and upon the conditions expressed in said act, other six acres of said tract, to be designated by the Secretary of War; and that the period limited in said act for the erection of the monument therein contemplated to be monument, when erected shall be considered as commencing at the time when the Secre- to commence to tary of War shall have designated the six acres of said tract to be granted to said city: Provided, however, That no part of the said six acres shall Selection not be selected east of the western line of the ground occupied by the Saint to be made east

Time limited for erection of

run.

of, &c.

Louis and Iron Mountain railroad.
APPROVED, March 3, 1869.

CHAP. CXLV. — An Act to amend an Act entitled "An Act to provide a National Currency secured by a Pledge of United States Bonds, and to provide for the Circulation and Redemption thereof," by extending certain Penalties to Accessories.

March 3, 1869. 1863, ch. 58, § 52. Vol. xii. p. 680.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every person who shall aid Aiding or abetting an offior abet any officer or agent of any association in doing any of the acts cer, &c. of a enumerated in section fifty-two of an act entitled "An act to provide a national bank in national currency secured by a pledge of United States bonds, and to the embezzleprovide for the circulation and redemption thereof," approved February funds, how puntwenty-fifth, eighteen hundred and sixty-three, with intent to defraud or ished. deceive, shall be liable to the same punishment therein provided for the principal.

APPROVED, March 3, 1869.

ment, &c. of its

CHAP. CXLVI.

An Act relating to the Metropolitan Railroad Company.

March 3, 1869.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Metropolitan Railroad Time for the Metropolitan R. Company, in the District of Columbia, be, and is hereby, allowed five R. Co. to comyears from and after the passage of this act for the completion of its plete its line of street railways line of street railways, authorized by the acts of July first, eighteen extended. hundred and sixty-four, and March third, eighteen hundred and sixtyfive, anything contained in said acts or any other act to the contrary notwithstanding.

APPROVED, March 3, 1869.

CHAP. CXLVII.

1864, ch. 190, $17. 1865, ch. 119, § 3. 329, 536.

Vol. xiii. pp.

Elections in

·An Act to regulate Elections in Washington and Idaho Territories. March 3, 1869. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That elections in the Territories of Washington and Idaho for delegates to the House of Representatives the Territories of Washington of the forty-second Congress shall be held on the first Monday of June, and Idaho for anno Domini eighteen hundred and seventy, and afterwards biennially on delegates to Congress, when to be the first Monday of June; and such officers in said Territories as are now held; elected at the same time with their delegates shall be elected for offices for other offithereafter to be filled at the times herein specified, unless otherwise provided by the laws of said Territory.

cers.

APPROVED, March 3, 1869.

March 3, 1869. CHAP. CXLVIII. ·

the late rebel

An Act relating to the Time for finding Indictments in the Courts of the United States in the late Rebel States.

Be it enacted by the Senate and House of Representatives of the United Time for find- States of America in Congress assembled, That the time for finding indicting indictments in courts of the ments in the courts of the United States in the late rebel States for United States in offences cognizable by said courts, and which may have been committed since said States went into rebellion, be, and hereby is, extended for the period of two years from and after [the time when] said States are or may be restored to representation in Congress: Provided, however, That the provisions hereof shall not apply to treason or other political offences. APPROVED, March 3, 1869.

States for cer

tain crimes, ex

tended for two

years from, &c.

March 3, 1869.

Commission may issue to take the depo

sition of a witness to a will, &c. offered for probate in the District of Co

lumbia, who re

CHAP. CXLIX. -An Act relating to the Proof of Wills in the District of Columbia Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever a will or codicil shall be exhibited for probate to the orphans' court of the District of Columbia, if any of the witnesses to the same shall reside out of said District, or be temporarily absent therefrom at the time when said will or codicil shall be so exhibited for probate, it shall and may be lawful for said court to issue upon personal notice of not less than twenty days to all parties in interest, a commission to one or more competent persons, to take the deposition of such absent witness or witnesses, in such form as said court may prescribe, touching the execution of such will or codicil, and the competency of the testator or testatrix, at the time of the execuEffect of depo- tion thereof, and such deposition when returned to said court shall be received therein as competent evidence, and have the same force and effect as if said witness or witnesses were personally present and testifying in said court: Provided, That in all such cases the original will or codicil shall accompany such commission, and be exhibited to the witnesses so testifying.

sides out of, or is

absent from, the

District.

sition.

Will to accompany commission, &c.

March 3, 1869.

grant.

APPROVED, March 3, 1869.

CHAP. CL.- An Act granting Lands to the State of Oregon to aid in the Construction of a military Wagon Road from the navigable Waters of Coos Bay to Roseburg in said State.

Be it enacted by the Senate and House of Representatives of the United Land grant to States of America in Congress assembled, That there be, and hereby is, Oregon for military wagon road granted to the State of Oregon, to aid in the construction of a military from Coos Bay wagon road from the navigable waters of Coos bay to Roseburg, alterto Roseburg. nate sections of public lands, designated by odd numbers, to the extent Lands granted, of three sections in width on each side of said road: Provided, That the how to be ap- lands hereby granted shall be exclusively applied to the construction of plied and disposed of. said road and to no other purpose, and shall be disposed of only as the Conditions of work progresses: Provided further, That the grant of lands hereby made shall be upon the condition that the lands shall be sold to any one person only in quantities not greater than one quarter section, and for a price not exceeding two dollars and fifty cents per acre: And provided further, Lands hereto- That any and all lands heretofore reserved to the United States, or otherfore reserved not wise appropriated by act of Congress or other competent authority, be, and the same are hereby, reserved from the operation of this act, except so far as it may be necessary to locate the route of said road through the same, in which case the right of way to the width of one hundred feet is Mineral lands, granted: And provided further, That the grant hereby made shall not embrace any mineral lands of the United States, or any lands to which homestead or pre-emption rights have attached.

included in this grant, except right of way.

&c. not embraced.

Lands granted

not to be dis

SEC. 2. And be it further enacted, That the lands hereby granted to posed of for oth- said State shall be disposed of by the legislature thereof for the purpose aforesaid, and for no other; and the said road shall be and remain a

er purposes.

public highway for the use of the government of the United States, free from tolls or other charges upon the transportation of any property, troops, or mails of the United States.

Road to be a

and free from public highway

tolls to the

Construction

SEC. 3. And be it further enacted, That said road shall be constructed United States. with such width, graduation, and bridge as to permit of its regular use as of road. a wagon road, and in such other special manner as the State of Oregon may prescribe.

al amount of

SEC. 4. And be it further enacted, That the State of Oregon is authorOregon may use in the conized to locate and use in the construction of said road an additional struction of the amount of public lands, not previously reserved to the United States nor road an additionotherwise disposed of, and not exceeding six miles in distance from it, public lands not, equal to the amount reserved from the operation of this act in the first &c. section of the same, to be selected in alternate odd sections, as provided in section first of this act.

Lands granted, how only to be disposed of.

SEC. 5. And be it further enacted, That lands hereby granted to said State shall be disposed of only in the following manner, that is to say, when the governor of said State shall certify to the Secretary of the Interior that ten continuous miles of said road are completed, then a quantity of the land hereby granted, not to exceed thirty sections, may be sold, and so on from time to time, until said road shall be completed; and if said road is not completed within five years no further sales shall be made, and the lands remaining unsold shall revert to the United States: in five years; if completed withProvided, however, That the entire amount of public land granted by this not, then, &c. Whole grant act shall not exceed three sections per mile for each mile actually connot to exceed, structed.

SEC. 6. And be it further enacted, That the United States surveyorgeneral for the district of Oregon shall cause said lands, so granted, to be surveyed at the earliest practicable period after said State shall have enacted the necessary legislation to carry this act into effect. APPROVED, March 3, 1869.

&c.

Road to be

Lands granted to be surveyed at earliest practicable period after, &c.

CHAP. CLI.- An Act to define the Fees of Recorder of Deeds and to provide for the March 3, 1869. Appointment of Warden of the Jail in the District of Columbia, and for other Purposes.

Register of deeds of the Dis

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 style of the "register of deeds of the District of Columbia" shall be "recorder of deeds of the District of Columbia." SEC. 2. And be it further enacted, That the legal fees for the services recorder, &c. of said recorder of deeds shall be as follows, viz:

trict of Columbia to be called

Legal fees of recorder.

The filing, recording, and indexing, or for making certified copy of any Filing, recordinstrument containing two hundred words or less, fifty cents, and fifteen ing, &c. or copy. cents for each additional hundred words, to be collected at the time of filing, and when the copy is made.

For each certificate and seal, twenty-five cents.

Certificate and seal.

Searching

For searching records extending back two years or less next preceding current date, twenty-five cents, and five cents for each additional year, to records. be paid by the party for whom the search may be made,

For recording a town plat, three cents for each lot such plat may contain.

For recording a plat or survey, five cents for each course such survey may contain.

For filing and indexing any paper required by law to be filed in his office, fifteen cents.

For each examination of title by the party or his attorney, fifty cents.
For taking any acknowledgement, fifty cents.

Recording plats.

Filing and indexing papers.

Examination of title by party, &c.

Acknowledg

ment.
Deeds, leases,

SEC. 3. And be it further enacted, That all deeds of conveyance, leases, powers of attorney, and other written instruments required by law to be &c. recorded. filed and recorded, and all copies of instruments and records and certifi- &c. by William

&c.

G. Flood, since, cates authorized by law, filed, recorded, made, and certified by William &c. declared le- G. Flood, as acting register of deeds for said District since the death of gally recorded, Edward C. Eddie, late register, up to the date of the appointment and qualification of his successor shall be, and are hereby, declared to be legally performed, the same as if the said William G. Flood had been legally appointed and qualified as register of deeds. And the said Flood entitled William G. Flood is hereby declared to be entitled to all the legal fees and emoluments of said office for his said services which have been hitherto allowed the register of deeds, and which accrued during said period.

to fees.

Warden of jail of the District of Columbia, appointment, removal, &c. of.

Warden to appoint subordi-' nate officers, &c. subject to approval, &c.

Repealing clause.

SEC. 4. And be it further enacted, That from and after the passage of this act the supreme court of the District of Columbia shall have authority to appoint a suitable person to act as warden of the jail of said District, and to remove said officer whenever in the opinion of said court the public interests may require it, and to fill all vacancies which may

occur.

SEC. 5. And be it further enacted, That the warden of said jail shall have authority to appoint such subordinate officers, guards, and employe[e]s as are necessary for the proper management and safe-keeping of prisoners, which now are or may hereafter be authorized by law, subject to the approval of the chief justice of said court.

SEC. 6. And be it further enacted, That all acts and parts of acts inconsistent with the provisions of this act are hereby repealed. APPROVED, March 3, 1869.

March 3, 1869. CHAP. CLII.

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Certain pri

in New Mexico

confirmed.

-An Act to confirm certain private Land Claims in the Territory of
New Mexico.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That private land claims numvate land claims bered forty-one, forty-two, forty-four, forty-six, and forty-seven, Territory of New Mexico, as known and designated by the numbers aforesaid in the reports of the surveyor-general of the said Territory and on the books of the commissioner of the general land office, be, and the same are hereCertain rights by, confirmed: Provided, That such confirmation shall only be construed as a quit-claim on [or] relinquishment of all title or claim on the part of the United States to any of the lands not improved by or on behalf of the United States, and not including any military or other reservation embraced in either of the said claims, and shall not affect the adverse rights of any person or persons to the same, or any part or parcel thereof.

not affected.

Claims to be surveyed and platted, and patents to issue.

Surveys to conform to public surveys.

Proviso.

SEC. 2. And be it further enacted, That the commissioner of the general land office shall, without unreasonable delay, cause the lands embraced in said several claims to be surveyed and platted, at the proper expense of the claimants thereof, and upon the filing of said surveys and plats in his office he shall issue patents for said lands in said Territory which have heretofore been confirmed by acts of Congress and surveyed, and plats of such survey filed in his office as aforesaid, but for which no patents have heretofore been issued.

SEC. 3. And be it further enacted, That all surveys authorized by this act shall conform to and be connected with the public surveys of the United States in said Territories, so far as the same can be done consistently with the landmarks and boundaries specified in the several grants upon which said claims are founded: Provided, however, That when said lands are so confirmed, surveyed, and patented, they shall in each case be held and taken to be in full satisfaction of all further claims or demands against the United States.

APPROVED, March 3, 1869.

RESOLUTIONS.

Dec. 15, 1868.

Commissioner of agriculture to

[No. 1.] A Resolution in Relation to the Library of the Department of Agriculture. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the commissioner of agriculture shall regard the library now under his control, and in his pos- regard the librasession, as part of the property of the department of agriculture, and he ry in his possesshall retain the same in his charge as directed by section three of the act sion as the propapproved May fifteen, eighteen hundred and sixty-two, establishing a de- partment of agpartment of agriculture.

APPROVED, December 15, 1868.

[No. 2.] Joint Resolution donating condemned Cannon for the Erection of a Monument to Major-General Kearney.

riculture, &c. 1862, ch. 72, § 3. Vol. xii. p. 388.

Dec. 21, 1868.

Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, Condemned and he is hereby, authorized to furnish such condemned iron cannon as cannon granted to complete a may be required, not exceeding four, for the completion of a monument at monument to Tivoli, New York, over the remains of the late Major-General Philip Major-General Philip Kearney Kearney, and other Union soldiers buried at that place, who lost their lives and others. in the late war.

APPROVED, December 21, 1868.

Jan. 14, 1869. 1868, ch. 238. Ante, p. 184.

Construction

district in Minnesota.

[No. 3.] Joint Resolution explanatory of the Act to create an additional Land Office in the State of Minnesota, approved July twenty-fifth, eighteen hundred and sixty-eight. Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the limits of the land district as designated in the act entitled "An act to create an additional of limits of land land district in the State of Minnesota," approved July twenty-fifth, eighteen hundred and sixty-eight, to wit: "all that part of the northwestern land district which lies north of township number one hundred and twenty-four north and west of range number thirty-five west of the fifth principal meridian," shall be construed to embrace all the lands north of township one hundred and twenty-four and west of said range thirty-five.

APPROVED, January 14, 1869.

[No. 5.] A Resolution authorizing the Transfer of certain Appropriations heretofore made for the public Printing, Binding, and Engraving.

Feb. 9, 1869.

Transfer of

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized and directed to cause the sum of appropriation for paper one hundred and ninety-four thousand dollars to be transferred from the for public printappropriation " for paper for the public printing," contained in the act en- ing, for public. binding, and titled "An act making appropriations for the legislative, executive, and lithographing judicial expenses of the government for the year ending June thirtieth, and engraving. eighteen hundred and sixty-nine," approved on the twentieth of July, 1868, ch. 176. Ante, p. 95. eighteen hundred and sixty-eight, in aid of the appropriations contained

i

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