For new stone front-pintle platform for fifteen-inch gun, nine hundred and fifty dollars. For carpets for adjutant's office, eighty dollars. Buildings and grounds: For repairing roads and paths, five hundred dollars. For completing the walls and putting on the roof of the new hospital for cadets, twelve thousand dollars; to be available immediately. For completing system of sewerage, thirteen thousand two hundred and fifty dollars. Sea coast bat tery. Buildings and grounds. Cadet hospital. Sewerage. Appointment of For repairing cadets' bath-room, one hundred and twenty-five dollars. SEC 2. That appointments of civilians, except such as are regular graduates of the United States Military Academy who have been hon- civilians in Army. orably discharged from the service, to be second lieutenants in any of the regiments of the Army, shall be made in time of peace only when more vacancies exist in the Army than will be required in the assignment of the next graduating class of cadets at the United States Military Academy: Provided, Nothing herein shall prevent the appointment for Proviso. a commission in the Army of meritorious non-commissioned officers or private soldiers. tenants. SEC. 3. That from and after July first, eighteen hundred and eighty- Appointment of two, only such number of the graduates of the United States Military graduates as 2d lieu Academy in any one year shall be entitled to appointment as second lieutenants in the Army as are required to fill vacancies of that grade existing on the first day of July in each year; those entitled to appointment to said vacancies to be determined by the academic board on the basis of their standing in the graduating class. And hereafter no supernumerary officers shall be attached to any company or corps of the Army, ficers. and all graduates of the Military Academy who are not appointed to the Army under the provisions of this act shall be discharged upon the graduation of their class. SEC. 4. That the cadets at large at the Military Academy shall not hereafter exceed ten in all, and no new appointments at large shall be made until the number of such cadets heretofore appointed falls below ten. But this provision shall not be held to require the discharge of any cadet heretofore appointed Approved, June 11, 1878. CHAP. 182.-An act to change the time for holding terms of the district court for the western district of Virginia at Danville. Supernumerarycf. Cadets at large. June 11, 1878. District courts Terms in westeru Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the regular terms of the district court in the western district of Virginia, at Danville, shall be Virginia. held on the Tuesday after the fourth Monday in February, and on the fifteenth day of November; but if said last mentioned day shall fall on Sunday, the term shall commence on the following day. SEC. 2. So much of section five hundred and seventy-two of the Revised Statutes as conflicts with this act is hereby repealed. Approved, June 11, 1878. CHAP. 183.—An act fixing the time for holding the election for Representatives to the Forty-sixth Congress of the United States in and for the State of California. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the election for Repretatives to the Forty sixth Congress of the United States in and for the State of California shall be bad and held in said State at the general election to be held in said State on the first Wednesday of September, anno Domini eighteen hundred and seventy-nine, any law now in force to the contrary notwithstanding. Approved, June 11, 1878. district. R. S. 572, p. 100, repealed in part. June 11, 1878. California, election of representatives in. June 11, 1878. CHAP. 184.-An act designating the times for the election of Representatives to the Be it enacted by the Senate and House of Representatives of the United Colorado, elec- States of America in Congress assembled, That the election of a Representtion of representa- ative to the Forty-sixth Congress from the State of Colorado shall be tives in. held upon the day fixed by the constitution of said State for the election of its governor and other State officers in the year eighteen hundred and seventy-eight; and Representatives from said State to all succeeding Congresses shall be elected upon the Tuesday next after the first Monday in November as now provided in section twenty-five of the Revised Statutes of the United States; and all laws in conflict with this law are hereby repealed. June 14, 1878. Approved, June 11, 1878. CHAP. 188.-An act making appropriations for the payment of invalid and other pensions of the United States for the year ending June thirtieth, eighteen hundred and seventy-nine. Be it enacted by the Senate and House of Representatives of the United Appropriations. 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 payment of pensions for the fiscal year ending June thirtieth, eighteen hundred and seventy-nine, and for other purposes: Army pensions. Surgeon's fee. Navy pensions. Proviso. War of 1812. 1878, ch. 28, Ante, p. 27. Proviso. Pension agents. expenses. For pensions for Army invalids, thirteen million one hundred and fifty thousand dollars; for widows, minors, and dependent relatives, twelve million eight hundred and thirty thousand dollars; for survivors of the war of eighteen hundred and twelve, eight hundred thousand dollars; and for widows of the war of eighteen hundred and twelve, two hundred and eighty thousand dollars; and for fees of examining-surgeons, fifty thousand dollars, as provided by the several acts of Congress: Provided, That a fee of one dollar and no more shall be paid to examining surgeon for each examination of pensioner, as provided by law, except when the examination is made by a board of surgeons, in which case the fees now allowed by law shall be paid. For Navy pensions to invalids, two hundred and ten thousand dollars; and for widows and dependent relatives, three hundred and thirty-four thousand six hundred dollars; for fees of examining-surgeons, one thousand dollars, as provided by the several acts of Congress: Provided, That the appropriations aforesaid for Navy pensions, and other expenditures under that head, shall be paid from the income of the Navy pension-fund, so far as the same may be sufficient for that purpose. For pensions payable under the act of March ninth, eighteen hundred and seventy-eight, namely, for survivors of the war of eighteen hundred and twelve, five hundred and thirty-two thousand dollars; for widows of the war of eighteen hundred and twelve, nine hundred and sixty-seven thousand nine hundred and seventy-four dollars: Provided, That so much of this sum as may be necessary shall be immediately available. That from and after July first, eighteen hundred and seventy-eight, agents for the payment of pensions shall, in lieu of the percentage, fees, pay, and allowances now provided by law, be allowed and paid the fol lowing compensation for their services, postage upon vouchers and checks sent to pensioners, and all the expenses of their offices: First. A salary at the rate of four thousand dollars per annum. Second. Fifteen dollars for each one hundred vouchers or at that rate for a fraction of one hundred prepared and paid by any agent in excess of four thousand vouchers per annum. Third. Actual and necessary expenses for rent, fuel, and lights, and for postage on official matter directed to the departments and bureaus at Washington, to be approved by the Secretary of the Interior. And the sum of two hundred and sixteen thousand dollars, or so much thereof as may be necessary, is hereby appropriated, to pay the salaries, fees, allowances, and expenses aforesaid, to said pension-agents. And all acts and parts of acts inconsistent with this act are hereby repealed. Approved, June 14, 1878. CHAP. 189.-An act for the relief of settlers on the public lands under the preemption laws. June 14, 1878. Homestead title; Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person who has made a settlement on the public lands under the pre-emption laws, and has sub. time for perfecting. sequent to such settlement changed his filing in pursuance of law to that for a homestead entry upon the same tract of land shall be entitled subject to all the provisions of law relating to homesteads to have the time required to perfect his title under the homestead laws computed from the date of his original settlement heretofore made, or hereafter to be made, under the pre-emption laws. Approved, June 14, 1878. CHAP. 190.—An act to amend an act entitled "An act to encourage the growth of timber on the Western Prairies." 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 amend the act entitled 'An act to encourage the growth of timber on Western Prairies' ", approved March thirteenth, eighteen hundred and seventy four, be and the same is hereby amended so as to read as follows: That any person who is the head of a family, or who has arrived at the age of twenty-one years, and is a citizen of the United States, or who shall have filed his declaration of intention to become such, as required by the naturalization laws of the United States, who shall plant, protect, and keep in a healthy, growing condition for eight years ten acres of timber, on any quarter-section of any of the public lands of the United States, or five acres on any legal subdivision of eighty acres, or two and one half acres on any legal subdivision of forty acres or less, shall be entitled to a patent for the whole of said quarter-section, or of such legal subdivision of eighty or forty acres, or fractional subdivision of less than forty acres, as the case may be, at the expiration of said eight years, on making proof of such fact by not less than two credible witnesses, and a full compliance of the further conditions as provided in section two: Provided further, That not more than one quarter of any section shall be thus granted, and that no person shall make more than one entry under the provisions of this act. June 14, 1878. Timber culture. 1874, ch. 55, 18 Stat., 21, Amended. Patents for land planted. Limit of grant. Oath on applica SEC 2. That the person applying for the benefits of this act shall, upou application to the register of the land district in which he or she is about tion for entry. to make such entry, make affidavit, before the register or the receiver, or the clerk of some court of record, or officer authorized to administer oaths in the district where the land is situated; which affidavit shall be as follows, to wit: I, having filed my application, number, for an entry under the provisions of an act entitled "An act to amend an act entitled 'An act to encourage the growth of timber on the Western prairies'" approved 187-, do solemnly swear (or affirm) that I am the head of a family (or over twenty-one years of age), and a citizen of the United States (or have declared my intention to become such); that the section of land specified in my said application is composed exclusively of prairie lands, or other lands devoid of timber; that this filing and entry is made for the cultivation of timber, and for my own exclusive use and benefit; that I have made the said application in good faith, and not for the purpose of speculation, or directly or indirectly for the use or benefit of any other person or Fees. Entry. Number of acres to be broken and planted annually. persons whomsoever; that I intend to hold and cultivate the land, and to fully comply with the provisions of this said act; and that I have not heretofore made an entry under this act, or the acts of which this is amendatory. And upon filing said affidavit with said register and said receiver and on payment of ten dollars, if the tract applied for is more than eighty acres; and five dollars if it is eighty acres or less, he or she shall thereupon be permitted to enter the quantity of land specified; and the party making an entry of a quarter-section under the provisions of this act shall be required to break or plow five acres covered thereby the first year, five acres the second year, and to cultivate to crop or otherwise the five acres broken or plowed the first year; the third year he or she shall cultivate to crop or otherwise the five acres broken the second year, and to plant in timber, seeds, or cuttings the five acres first broken or plowed, and to cultivate and put in crop or otherwise the remaining five acres, and the fourth year to plant in timber, seeds, or cuttings the remaining five acres. All entries of less quantity than one quarter-section shall be plowed, planted, cultivated and planted to trees, tree-seeds, or cuttings, in the same manner and in the same proTime extended portion as hereinbefore provided for a quarter section. Provided, howin case of destruc- ever, That in case such trees, seeds, or cuttings shall be destroyed by tion, etc. Proviso. grasshoppers, or by extreme and unusual drouth, for any year or term of years, the time for planting such trees, seeds, or cuttings shall be extended one year for every such year that they are so destroyed: Provided further, That the person making such entry shall, before he or she shall be entitled to such extension of time, file with the register and the receiver of the proper land office an affidavit, corroborated by two witnesses, setting forth the destruction of such trees, and that, in consequence of such destruction, he or she is compelled to ask an exten Final certificate. sion of time, in accordance with the provisions of this act: And provided further, That no final certificate shall be given, or patent issued, for the land so entered until the expiration of eight years from the date of such entry; and if, at the expiration of such time, or at any time within five years thereafter, the person making such entry, or, if he or she be Proof of cultiva dead, his or her heirs or legal representatives, shall prove by two credible witnesses that he or she or they have planted, and, for not less than eight years, have cultivated and protected such quantity and character of trees as aforesaid; that not less than twenty-seven hundred trees were planted on each acre and that at the time of making such proof that there shall be then growing at least six hundred and seventy-five living and thrifty trees to each acre, they shall receive a patent for such tract of land. tion. Failure to comply with this act. Proviso. Land not liable for prior debts. Rules by Commissioner. Fees of registers and receivers. False oath. SEC 3. That if at any time after the filing of said affidavit, and prior to the issuing of the patent for said land, the claimant shall fail to comply with any of the requirements of this act, then and in that event such land shall be subject to entry under the homestead laws, or by some other person under the provisions of this act. Provided, That the party making claim to said laud, either as a homestead-settler, or under this act, shall give at the time of filing his application, such notice to the original claimant as shall be prescribed by the rules established by the Commissioner of the General Land Office; and the rights of the parties shall be determined as in other contested cases. SEC 4. That no land acquired under the provisions of this act shall, in any event, become liable to the satisfaction of any debt or debts contracted prior to the issuing of the final certificate therefor. SEC 5. That the Commissioner of the General Land Office is hereby required to prepare and issue such rules and regulations, consistent with this act, as shall be necessary and proper to carry its provisions into effect; and that the registers and receivers of the several land-offices shall each be entitled to receive two dollars at the time of entry, and the like sum when the claim is finally established and the final certificate issued. SEC 6. That the fifth section of the act entitled "An act in addition to an act to punish crimes against the United States, and for other purposes", approved March third, eighteen hundred and fifty-seven, shall extend to all oaths, affirmations, and affidavits required or authorized by this act. SEC 7. That parties who have already made entries under the acts approved March third, eighteen hundred and seventy-three, and March thirteenth, eighteen hundred and seventy-four, of which this is amendatory shall be permitted to complete the same upon full compliance with the provisions of this act; that is, they shall, at the time of making their final proof, have had under cultivation, as required by this act, an amount of timber sufficient to make the number of acres required by this act. 1857, ch. 116, 11 Stat., 250. R. S. 5392, p. 1050. Entry under former acts. 1873, ch. 277, 17 Stat., 605. 1874, ch. 55, 18 Stat., 21. SEC 8. All acts and parts of acts in conflict with this act are hereby Repeals. repealed. Approved, June 14, 1878. CHAP. 191.-An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, eighteen hundred and seventy-eight, and prior years, and for those heretofore treated as permanent, for reappropriations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United June 14, 1878. States of America in Congress assembled, That the following sums be, Deficiency approand they are hereby, appropriated, to supply deficiencies in the appropriations. priations for the service of the government for the fiscal year ending June thirtieth, eighteen hundred and seventy-eight, and for former years, and for other purposes, namely: DEPARTMENT OF STATE. FOREIGN INTERCOURSE. For salaries of consuls-general, consuls, vice-consuls, commercial agents, and clerks, being deficiencies, as follows: For the fiscal year eighteen hundred and seventy-one, and prior years, six hundred and sixty-seven dollars and fifty-one cents; eighteen hundred and seventythree, three hundred and thirty-three dollars and seventy-five cents; eighteen hundred and seventy-four, one thousand one hundred and fifty dollars and eighty-two cents; eighteen hundred and seventy-five, one thousand three hundred and fifty-four dollars and twenty cents. To effect a transfer of accounts in the State Department, under appropriations for consular salaries, involving no expenditure of money from the Treasury, as follows: For the fiscal year eighteen hundred and sev. enty-two, one hundred and eighty-seven dollars and fifty cents; eighteen hundred and seventy-three, two thousand one hundred and fortyfive dollars and sixty cents; eighteen hundred and seventy-four, one thousand three hundred and fifty-five dollars and ninety-nine cents; eighteen hundred and seventy-five, six thousand six hundred and ninety-six dollars and twenty-five cents. To adjust the accounts of F. M. Cordeiro, United States vice-consul at Rio de Janeiro, for salary from April twenty-fifth, eighteen hundred and seventy-one, to August fifteenth, eighteen hundred and seventy-two, being a deficiency for the fiscal year eighteen hundred and seventy-two of six hundred and fifty-five dollars and six cents; and to effect a transfer of his accounts, involving no expenditure of money from the Treas. ury, being for eighteen hundred and seventy-one, and prior years, five hundred and forty-three dollars and ninety-six cents; for eighteen hundred and seventy-two, five thousand one hundred and fifty-seven dollars and forty-four cents; and for eighteen hundred and seventythree, five hundred and eighty-six dollars and ninety-five cents. Consular sala ries. F. M. Cordeiro. consu For stationery, book cases, arms of the United States, seals, presses, Contingent exand flags, rent, freights, postage, and miscellaneous items, being de- penses of lates. ficiencies, as follows: For the fiscal year eighteen hundred and seventy |