tracting parties to make the contract or agreement, and whether made in person or by agent or attorney of either party or parties. Moneys due and to whom to be paid; &c. no part to SEC. 3. That no money shall be paid to any agent or attorney by an officer of the United States under any such contract or agreement, other from the United States to Indians, than the fees due him for services rendered thereunder; but the moneys under such due the tribe, Indian, or Indians, as the case may be, shall be paid by the agreement, how United States, through its own officers or agents, to the party or parties entitled thereto Provided, That no money or thing shall be paid to any person for services under such contract or agreement, until such person agent except, shall have first filed with the commissioner of Indian affairs a sworn statement, showing each particular act of service under the contract, giving date and fact in detail, and the Secretary of the Interior and commissioner of Indian affairs shall determine therefrom whether, in their judgment, such contract or agreement has been complied with or fulfilled; if so, the same may be paid, and if not, it shall be paid in proportion to the services rendered under the contract: Provided, That all such contracts or agreements Agreements in hereafter made in violation of the provisions of this act are hereby declared violation of this act void, and null and void, and all money or other thing of value paid to any person by money, &c., paid any Indian or tribe, or any one else for or on his or their behalf, on account thereunder, may of such services, in excess of the amount approved by said commissioner be recovered, and how, &c. and secretary for such services, may be recovered by suit in the name of the United States in any court of the United States, regardless of the amount in controversy, one half of which shall be paid to the person suing for the same, and the other half shall be paid into the treasury of the United States for the use of the Indian or tribe by or for whom it was paid; and the person so receiving said money, and his aiders and abetters shall, in addition to the forfeiture of said sum, be subject to prosecution for mis- Fine and imdemeanor in any court of the United States, and, on conviction, shall be prisonment. fined not less than one thousand dollars, and imprisoned not less than six months; and it shall be the duty of all district attorneys of the United District attorStates to prosecute such cases when applied to to do so, and their failure and neys to proserefusal shall be ground for their removal from office; and any Indian agent or other person in the employment of the United States who shall, in viola- Penalty upon tion of the provisions of this act, advise, sanction, or in any way aid in the persons in the employ of the making of such contracts or agreements, in making such payments as are United States for here prohibited, shall, in addition to the punishment herein imposed on the violation of this person making said contract or receiving said money, be, on conviction, dismissed from the service of the United States, and be forever disqualified from holding any office of profit or trust under the same. APPROVED, May 21, 1872. cute. act. CHAP. CLXXVIII. — An Act to prohibit the Retention of Soldiers' Discharges by Claim- May 21, 1872. agents and Attorneys. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any claim-agent, attorney, Penalty upon or other person engaged in the collection of claims for pay, bounty, pen- &c., for retaining claim-agents, sion, or other allowances for any soldier, sailor, or marine, or for any without consent, commissioned officer of the military or naval forces, or who may have or refusing been a soldier, sailor, marine, or officer of the regular or volunteer forces to deliver discharge papers, or of the United States, and honorably discharged, who shall retain, without land warrants of the consent of the owner or owners thereof, or shall refuse to deliver or any soldier, &c. account for the same upon demand duly made by the owner or owners thereof, or by their agent or attorney, the discharge-papers or land-warrant of any such soldier, sailor, or marine, or commissioned officer, which may have been placed in his hands for the purpose of collecting said claims, shall be deemed guilty of a misdemeanor, and shall, upon conviction, be punished by fine not exceeding five hundred dollars, or by imprisonment not exceeding six months, or both, at the discretion of the May 21, 1872. See 1872, ch. 241. Post, p. 192. Dakota land district established in Dakota; boundaries; location of land office; register and receiver, their pay, &c. May 21, 1872. See 1872, ch. 241. land district may be established in Minnesota; boundaries, name, and location of office; register and receiver, their pay, &c. court, and shall thereafter be debarred from prosecuting any such claim in any executive department of the government. APPROVED, May 21, 1872. CHAP. CLXXIX.- An Act to establish an additional Land District in the Territory of Dakota. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be, and hereby is, established in the Territory of Dakota, an additional land district, to be bounded and described as follows, and known as the Dakota land district, viz.: beginning at a point on the north bank of the Missouri river, at the intersection of the line between ranges fifty-two and fifty-three; thence north, along said range-line, to the forty-sixth parallel of north latitude; thence west, along said parallel, to the line between ranges fifty-seven and fifty-eight; thence south, along said range-line, to the Missouri river; thence easterly, along the north bank of said stream, to the place of beginning. SEC. 2. That the land-office for said district shall be located at Yankton, the capital of said Territory; and the President of the United States is hereby authorized to appoint a register and a receiver for said landoffice, who shall receive the same salary and be governed by the same regulations as are provided by law for the registers and the receivers of the other land-offices in said Territory. APPROVED, May 21, 1872. CHAP. CLXXX. — An Act to create an additional Land District in the State of Min nesota. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he is hereby, authorized to establish an additional land district in the State of Minnesota, embracing all that part of the present New Ulm land district lying north of the north line of township number one hundred and ten, and to fix from time to time the boundaries thereof, which shall be named after the place at which the office shall first be established; and the President shall have power to fix from time to time the location of the office for such district. SEC. 2. That the President is hereby authorized to appoint, by and with the advice and consent of the Senate, a register and a receiver for said land district, who shall be required to reside at the site of the landoffice for said district, who shall be subject to the same laws and responsibilities, and whose compensation, respectively, shall be the same as that now allowed by law to other land-officers in said State. APPROVED, May 21, 1872. May 21, 1872. CHAP. CLXXXI.-An Act to authorize the Issue of a Supply of Arms to the Authorities of the Territory of Montana. fence against Indians; Be it enacted by the Senate and House of Representatives of the United Rifled muskets States of America in Congress assembled, That the Secretary of War be, and cartridges and he is hereby, instructed, without delay, to cause one thousand effective for the governor of Montana to breech-loading rifled muskets and two hundred thousand cartridges to be distribute for de- forwarded to and placed at the disposal of the governor of the Territory of Montana, delivered at Virginia city, in said Territory, for distribution among the settlers of the Gallatin valley and other exposed localities in said Territory, for home defence against Indian raids; and the governor of said Territory, in making said distribution, shall take from the parties to whom they may be distributed good and sufficient security for the return of said arms to the United States after the necessity for their use has ceased. to be returned, when, &c. APPROVED, May 21, 1872. CHAP. CLXXXII. · An Act to reduce the Limits of the military Reservation at Fort May 21, 1872. Stanton, New Mexico. 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, Limits of miliand he is hereby, authorized and instructed to reduce the limits of the tary reservation at Fort Stanton, military reservation at Fort Stanton, in New Mexico, to a tract not New Mexico, to exceeding sixteen square miles. The new limits of said reservation be reduced. shall embrace a strip of land eight miles in length, and shall extend one mile from each bank of the Rio Bonito; the boundaries thereof to be determined by the Secretary of War, and the balance of the reservation to be thrown open to entry and settlement under the laws of the United States. APPROVED, May 21, 1872. Boundaries. ·An Act relinquishing certain Wharf Property to the City of New May 21, 1872. Orleans. Possession of certain wharf property in New Orleans to be re Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War and the Secretary of the Navy be, and they are hereby, directed to relinquish possession of the wharf and landing now occupied by the government of the United States in the city of New Orleans, and to turn over the same linquished. to the authorities of said city. APPROVED, May 21, 1872. CHAP. CLXXXIV. - An Act to authorize the Construction of a Bridge over the Tide- May 21, 1872. water of Dunstan River, in the State of Maine. built over tide Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the inhabitants of the Bridge may be town of Scarborough, in the county of Cumberland, and State of Maine, water of Dunstan are hereby licensed to build, and to authorize to be built, as in their river, Maine, judgment may be or become necessary to facilitate intercommunication, without draw. a bridge or bridges, either for railroad or ordinary travel, over the tidewater of Dunstan river, at or above the Steep banks, so called, on said river, without any draw in said bridge or bridges. SEC. 2. That this act shall take effect and be in force from and after its passage. APPROVED, May 21, 1872. When act takes effect. CHAP. CLXXXV.-An Act to grant an American Register to the Hawaiian Bark May 21, 1872. "Florence." American register to be issued 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 and directed to issue an American register to the Hawaiian to the American-built Hawaiian bark "Florence," wrecked in the waters bark "Florence.” of the United States, purchased and repaired, and now owned by citizens of San Francisco, California; Provided, That it shall be proved, to the Proviso. so repaired. APPROVED, May 21, 1872. CHAP. CLXXXVI. — An Act to authorize the City of Buffalo, New York, to construct May 21, 1872. a Tunnel under Niagara River, and to erect and maintain an Inlet-pier therefrom, for the Purpose of supplying the City of Buffalo with pure Water. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall and may be law- City of Buffalo ful for the city of Buffalo, in the State of New York, to construct and may construct maintain a tunnel under Black Rock harbor and Niagara river, extend- Niagara river, ing not more than seven hundred feet outside of Bird Island pier, and to &c. tunnel under May 21, 1872. City of Denver may purchase, at, &c., certain public lands for cemetery. May 21, 1872. Land may be purchased and building erected in Fall River for post-office, &c. a erect and maintain an inlet-pier therefrom, CHAP. CLXXXVII.-An Act to enable the City o Be it enacted by the Senate and House of Territory of Colorado, being one hundred and sixty acres of land, lying adjacent to said city of Denver, to be held and used for a burial-place for said city and vicinity. APPROVED, May 21, 1872. CHAP. CLXXXVIII. - An Act authorizing the Construction of a public Building at 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 be, and he is hereby, authorized and directed to purchase at private sale, or by condemnation, in pursuance of the statutes of the State of Massachusetts, a lot of ground in the city of Fall River, Massachusetts, suitable for a site for a public building in said city, for the accommodation of the post-office, custom-house, and other offices of the Limit to cost. United States, and to erect a building thereon, at a cost not exceeding, Plans. No money to be expended unless jurisdiction over the land, and the right to assess is relinquished. May 21, 1872. Potomac R. R. Co. may extend its track in Washington city; including the cost of the ground, the sum of two hundred thousand dollars, the plans for said building to be approved by the Secretary of the Treasury and the Postmaster-General: Provided, That no money which may hereafter be appropriated for this purpose shall be used or expended until a valid title to the ground for the site of said building shall be vested in the United States, and until the State of Massachusetts shall cede its jurisdiction over said site, and shall also duly release and relinquish to the United States the right to tax, or in any way assess, said site, or the property of the United States that may be thereon during the time that the United States shall be or remain the owner thereof. APPROVED, May 21, 1872. CHAP. CLXXXIX.-An Act to confirm the Action of the Board of Aldermen and Common Council of the City of Washington, designating a Depot Site for the Balti more and Potomac Railroad Company, and for other Purposes. Be it enacted by the Senate and House of Representatives of the United Baltimore and States of America in Congress assembled, That the Baltimore and Potomac Railroad Company shall have the right to extend its track from Virginia avenue along Sixth street to the open grounds between Sixth street and B street north and the canal, described as follows: Beginning at the southwest corner of Sixth street and B street north, running west one hundred and fifty feet along B street; thence south eight hundred and two feet to the present line of the canal; thence east one hundred and fifty feet to the line of Sixth street; thence north by line of Sixth street to the place of beginning; and the said company shall, so far as the United States can so provide, have the right to hold, use, and occupy the said grounds for the purpose of constructing thereon a passengerdepot, to be used by the said company for passenger and express-freight traffic, and for no other purposes; and the said property so occupied by may use grounds for a passenger, &c., depot. said company, together with the improvements which may be put thereon, shall be subject to tax by the District of Columbia the same as other Tax, and how property in the District of Columbia, and to be used exclusively for the applied. support of the public schools in said district; and the said company shall Grade. lay no more than two tracks along said Sixth street, and as near as Tracks. practicable in the centre of said street, and as close together as practicable for the traffic and trains to pass over them. The rails used for Rails. that purpose shall be constructed as flat rails, like those used by streetrailways, so as to facilitate wagon and carriage travel over the same, and the tracks and the space between the same shall be kept paved with some suitable material by said company, and it shall also pave, with proper material, at least two feet outside of said track; and upon the opening of a carriage-road through the public reservation and crossing Sixth street, the said company shall be, and is hereby, required to construct, at its own cost and expense, a handsome iron bridge of ample Bridge over width and height to enable small carriages to pass over the said street Sixth street, freely and without danger, in such manner and at such place as the offi- when, &c. cers or other persons charged with the duty of opening the reservations or connecting the same as a public park shall direct; and the said company shall then adapt the grade of said tracks to that which at any time may be determined upon by the board of public works, or other authority having the control of grades of said Sixth street. Such changes of grade, however, shall not be made as will practically interfere with or destroy the use of said depot by the regular trains of said company : Provided, That the said company shall pay the owners of private prop- Damages to erty along the line of Sixth street, north of Virginia avenue by which owners of private the said railroad passes, any damage which the said property may sustain property; by reason of the laying of its track along the said Sixth street, and the said damages, if any, shall be ascertained in manner and form as provided by the act of Congress approved February fifth, eighteen hundred 1867, ch. 29, § 2. Vol. xiv. p. 387 and sixty-seven, entitled "An act to authorize the extension, construction, and use of a lateral branch of the Baltimore and Potomac railroad into and within the District of Columbia," it being understood that the question of damages herein referred to shall be confined to the question of appreciation and depreciation of the value of the property situated along said street: And provided also, That the said railroad shall pay all damages for which the city of Washington, or the District of Columbia, or the United States may be liable to private parties now occupying the site herein described and growing out of their being required to remove their property from the same and surrender their right of occupancy, and shall obtain possession at their own cost: And provided further, That while trains are moving to and from Virginia avenue, along Sixth Flagmen at street and said depot, the said railroad company shall keep flagmen at street-crossings, when, &c. the several street-crossings to warn people of danger; and all provisions of the board of aldermen and common council of the city of Washing- City regulaton not inconsistent herewith are hereby ratified: Provided further, That tions ratified. the act of Congress approved March third, eighteen hundred and seventy- Repeal of one, granting a site for a passenger-depot to said railroad company upon former act grantVirginia avenue is hereby repealed, to take effect when said company ing a site for a obtains possession of the depot property on Sixth street, as described in 1871, ch. 137. this act; and no passenger or other depot shall be constructed by said Vol. xvi. p. 585. company on said site: And provided further, That the United States, by This act may act of Congress, shall have the right to repeal or modify the provisions be repealed. of this act: And provided further, That the tracks of said company shall turn out of Sixth street and enter the said depot with suitable curvature at the south end thereof; and the said depot shall not extend beyond B street north, nor shall the tracks ever extend beyond said B street north. APPROVED, May 21, 1872. to individuals. passenger depot. Proviso as to tracks and de pot. |