SEC. 5. That the register and the receiver shall be allowed the same fees and commissions as are allowed by law for the disposal of the public lands, and the net proceeds of the sales and disposals, after deducting the expenses of such disposals, shall be deposited to the credit of the proper Indian fund, as provided by existing laws; and the Secretary of the Interior shall make all rules and regulations necessary to carry into effect the provisions of this act.

SEC. 6. That nothing in this act shall be construed to interfere in any manner with the operation of the town-site laws as applicable to these lands: Provided, That all claims for entry under said statutes shall be proved up and fully paid for, before the day fixed for the commencement of the public sales provided for in section three of this act.

SEC. 7. In all cases arising under this act interest at the rate of five per centum per annum shall be computed and paid upon all that part of the purchase-money in respect to which time is given for the payment of the same.

Approved, May 28, 1880. (21 Stat., 143.)

[No. 17.]

LOSS OR FAILURE OF CROPS FROM UNAVOIDABLE CAUSE IN 1879 OR 1880 IN KANSAS AND NEBRASKA.

AN ACT for the relief of certain homestead and pre-emption settlers in Kansas and Nebraska.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be lawful for homestead and preemption settlers on the public lands or preemption settlers upon Indian reservations in the States of Kansas and Nebraska west of the sixth principal meridian, where there has been a loss or failure of crops from unavoidable cause, in the year of eighteen hundred and seventy-nine or eighteen hundred and eighty, to leave and be absent from said lands until the first day of October, eighteen hundred and eighty-one, under such rules and regulations as to proof and notice as the Commissioner of the General Land Office may prescribe; and during said absence no adverse rights shall attach to said lands, such settlers being allowed to resume and perfect their settlement as though no such absence had occurred.

SEC. 2. That the time for making final proof and payment by such preemptors is hereby extended for one year after the expiration of the term of absence provided for in the first section of this act; but in cases where the purchase money is by law payable in installments, the first unpaid installment shall be held not to be due until one year after the expiration of the leave of absence aforesaid.

Approved, June 4, 1880. (21 Stat., 543.)

INSTRUCTIONS.

The act of June 4, 1880, " for the relief of certain homestead and preemption settlers in Kansas and Nebraska," provided that preemption settlers on the public lands, or preemption settlers upon Indian reservations in the States of Kansas and Nebraska, west of the sixth principal

meridian, where there was a loss or failure of crops from unavoidable cause in the year 1879 or 1880, might leave and be absent from said lands until the 1st day of October, 1881, under such rules and regulations as to proof and notice as the Commissioner of the General Land Office might prescribe-such settlers being allowed to resume and perfect their settlements as though no such absence had occurred; and the time for making final proof and payment by such preemptors was extended for one year. In cases where the purchase money was by law payable in installments, the first unpaid installment was held not to be due until one year after the expiration of the leave of absence aforesaid. (See supra.)

The lands to which the provisions of this act applied were included within the land districts of Wichita, Salina, Concordia, Larned, Kirwin, Wa Keeney, Oberlin, and Garden City (all the districts except Topeka and Independence), in Kansas; and Niobrara, Lincoln, Grand Island, North Platte, Bloomington, Beatrice, Neligh, Valentine, and McCook (all the districts), in Nebraska. Land lying east of the one hundredth meridian in any one of these districts did not come within the provisions of this act.

This act, since it referred to a loss or failure of crops during only the years 1879 or 1880, is now obsolete; but any pending cases will be adjudicated under the original instructions, which were as follows:

a

This right of absence is not available in any case in which there has not been " loss or failure of crops from unavoidable cause in the year 1879 or 1880;" hence, when a settler not actually entitled to the benefits of this act absents himself from his claim, it will be liable to be regarded as an abandonment, and adverse claims may be recognized.

The settler desiring to leave his claim under this act should file with the register and receiver of the proper district land office a written notice of his intention to do so, bearing his signature, and embracing a statement that he has sustained a loss or failure of his crops in 1879 or 1880, this being necessary for his own protection and as notice due parties who might otherwise initiate claims to the land.

At date of final proof by any party who shall have availed himself of this act he must show by satisfactory proof the period of absence, and specific facts making appear the loss or failure of crops from unavoidable cause in 1879 or 1880, on account of which he was entitled to its benefits. The proof should consist of the party's own testimony, corroborated by that of two or more disinterested witnesses.

After a party shall have filed the notice of intended absence under this act, no contest involving his right to the land can be instituted prior to the expiration of the legal term of absence to which he is entitled. If the party should be fraudulently absent, it will be a matter of investigation in the regular manner thereafter. All notices filed will be duly entered on the records of the district office and reported with the final proof made in the case.

[No. 18.]

SETTLERS WHO BECOME INSANE.

AN ACT to provide for issuing patents for public lands claimed under the preemption and homestead laws, in cases where the settlers have become insane.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases in which parties who regularly initiated claims to public lands as settlers thereon according to the provisions of the preemption or homestead laws, have become insane or shall hereafter become insane before the expiration of the time during which their residence, cultivation, or improvement of the land claimed by them is required by law to be continued in order to entitle

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them to make the proper proof and perfect their claims, it shall be lawful for the required proof and payment to be made for their benefit by any person who may be legally authorized to act for them during their disability, and thereupon their claims shall be confirmed and patented, provided it shall be shown by proof satisfactory to the Commissioner of the General Land Office that the parties complied in good faith with the legal requirements up to the time of their becoming insane, and the requirements in homestead entries of an affidavit of allegiance by the applicant in certain cases as a prerequisite to the issuing of the patents shall be dispensed with so far as regards such insane parties.

Approved, June 8, 1880. (21 Stat., 166.)

[No. 19.]

PREEMPTION AND HOMESTEAD-COMMUTATION AFFIDAVITS.

AN ACT to amend sections twenty-two hundred and sixty-two and twenty-three hundred and one of the Revised Statutes of the United States, in relation to the settler's affidavit in preemption and commuted homestead entries.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the affidavit required to be made by sections twenty-two hundred and sixty-two and twentythree hundred and one of the Revised Statutes of the United States, may be made before the clerk of the county court or of any court of record, of the county and State or district and Territory in which the lands are situated; and if said lands are situated in any unorganized county, such affidavit may be made in a similar manner in any adjacent county in said State or Territory, and the affidavit so made and duly subscribed shall have the same force and effect as if made before the register or receiver of the proper land district; and the same shall be transmitted by such clerk of the court to the register and receiver with the fee and charges allowed by law.

Approved, June 9, 1880. (21 Stat., 169.)

[No. 20.]

TIMBER TRESPASS CONDONED-PURCHASE BY HOMESTEAD CLAIMANTS-REDUCTION OF PRICE-ACT OF JUNE 15, 1880.

AN ACT relating to the public lands of the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That when any lands of the United States shall have been entered and the Government price paid therefor in full no criminal suit or proceeding by or in the name of the United States shall thereafter be had or further maintained for any trespasses upon or for or on account of any material taken from said lands, and no civil suit or proceeding shall be had or further maintained for or on account of any trespasses upon or material taken from the said lands of the United States in the ordinary clearing of land, in working a mining claim, or for agricultural or domestic purposes, or for maintaining improvements upon the land of any bona fide settler, or for or on

account of any timber or material taken or used by any person without fault or knowledge of the trespass, or for or on account of any timber taken or used without fraud or collusion by any person who in good faith paid the officers or agents of the United States for the same, or for or on account of any alleged conspiracy in relation thereto: Provided, That the provisions of this section shall apply only to trespasses and acts done or committed and conspiracies entered into prior to March first, eighteen hundred and seventy-nine: And provided further, That defendants in such suits or proceedings shall exhibit to the proper courts or officer the evidence of such entry and payment, and shall pay all costs accrued up to the time of such entry.

SEC. 2. That persons who have heretofore under any of the homestead laws entered lands properly subject to such entry, or persons to whom the right of those having so entered for homesteads may have been attempted to be transferred by bona fide instrument in writing, may entitle themselves to said lands by paying the Government price therefor, and no case less than one dollar and twenty-five cents per acre, and the amount heretofore paid the Government upon said lands shall be taken as part payment of said price: Provided, This shall in nowise interfere with the rights or claims of others who may have subsequently entered such lands under the homestead laws.

SEC. 3. That the price of lands now subject to entry which were raised to two dollars and fifty cents per acre, and put in market prior to January, eighteen hundred and sixty-one, by reason of the grant of alternate sections for railroad purposes, is hereby reduced to one dollar and twenty-five cents per acre.

SEC. 4. This act shall not apply to any of the mineral lands of the United States; and no person who shall be prosecuted for or proceeded against on account of any trespass committed or material taken from any of the public lands after March first, eighteen hundred and seventy-` nine, shall be entitled to the benefit thereof.

Approved, June 15, 1880. (21 Stat., 237.)

[No. 21.]

REPAYMENTS.

AN ACT for the relief of certain settlers on the public lands, and to provide for the repayment of certain fees, purchase money, and commissions paid on void entries of public lands.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases where it shall, upon due proof being made, appear to the satisfaction of the Secretary of the Interior that innocent parties have paid the fees and commissions and excess payments required upon the location of claims under the act entitled "An act to amend an 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,' and amendments thereto," approved March third, eighteen hundred and seventy-three, and now incorporated in section twenty-three hundred and six of the Revised Statutes of the United States, which said claims were, after such location, found to be fraudulent and void, and the entries or locations made thereon canceled, the Secretary of the Interior

is authorized to repay to such innocent parties the fees and commissions and excess payments paid by them, upon the surrender of the receipts issued therefor by the receivers of public moneys, out of any money in the Treasury not otherwise appropriated, and shall be payable out of the appropriation to refund purchase money on lands erroneously sold by the United States.

SEC. 2. In all cases where homestead or timber-culture or desert-land entries or other entries of public lands have heretofore or shall hereafter be canceled for conflict, or where, from any cause, the entry has been erroneously allowed and can not be confirmed, the Secretary of the Interior shall cause to be repaid to the person who made such entry, or to his heirs or assigns, the fees and commissions, amount of purchase money, and excess paid upon the same upon the surrender of the duplicate receipt and the execution of a proper relinquishment of all claims to said land, whenever such entry shall have been duly canceled by the Commissioner of the General Land Office, and in all cases where parties have paid double-minimum price for land which has afterwards been found not to be within the limits of a railroad land grant, the excess of one dollar and twenty-five cents per acre shall in like manner be repaid to the purchaser thereof, or to the heirs or assigns.

SEC. 3. The Secretary of the Interior is authorized to make the payments herein provided for, out of any money in the Treasury not otherwise appropriated.

SEC. 4. The Commissioner of the General Land Office shall make all necessary rules, and issue all necessary instructions, to carry the provisions of this act into effect; and for the repayment of the purchase money and fees herein provided for the Secretary of the Interior shall draw his warrant on the Treasury and the same shall be paid without regard to the date of the cancellation of the entries.

Approved, June 16, 1880. (21 Stat., 287).

[No. 22.]

SETTLERS ON RESTORED RAILROAD LANDS.

AN ACT for the relief of certain settlers on restored railroad lands.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all persons who shall have settled and made valuable and permanent improvements upon any odd numbered section of land within any railroad withdrawal in good faith and with the permission or license of the railroad company for whose benefit the same shall have been made, and with the expectation of purchasing of such company the land so settled upon, which land so settled upon and improved may, for any cause, be restored to the public domain, and who, at the time of such restoration, may not be entitled to enter and acquire title to such land under the preemption, homestead, or timber-culture acts of the United States, shall be permitted at any time within three months after such restoration, and under such rules and regulations as the Commissioner of the General Land Office may prescribe, to purchase not to exceed one hundred and sixty acres in extent of the same by legal subdivisions, at the price of two dollars and fifty cents per acre, and to receive patents therefor.

Approved, January 13, 1881. (21 Stat., 315.)