Page:United States Statutes at Large Volume 18 Part 3.djvu/159

FORTYTHIRD CONGRESS. Sess. I. Ch. 346. 1874. 129 CHAP. 346.—An act to ascertain the possessoryrights of the Hudsou’s Bay Company Juno 20, 1874. and other British subjects within the limits which were the subject of the award of """"`“; His Majesty the Emperor of Germany under the treaty of Washington of May eight, - eighteen hundred and seventy-one, and for other purposes. Whereas it was stipulated by article one of the treaty concluded at Washington on the fifteenth day of June, eighteen hundred and forty- $"‘;“‘?“’l‘* 869 six, between the United States and Great Britain, that the line of bound- ° ‘ 1x’ P' ’ ary_ between the territories of the United States and Her Britannic Majesty, from the point on the forty-ninth parallel of north latitude up to which 1t had already been ascertained, should be continued west ward along said parallel of north latitude " to the middle of the channel which separates the continent from Vancouver’s Island, and thence southerly through the middle of sa.d channel and of Fuca Straits to the Pacific Ocean ;" and whereas by article three of the treaty aforesaid, it was stipulated that “ in the future appropriation of the territory south of the forty-ninth parallel of north latitude, as provided in the first article of thi treaty, the possessory rights of the Hudson’s Bay Company, and of all British subjects who may bein the occupation of land or other property lawfully acquired within the said territory, shall be respected ;" ,, and whereas by article -thirty-four of the treaty concluded at Washing- 87;r°1‘“"· PP' 874* ton on the eighth day of May, eighteen hundred and seventyone, the ' guestion of where “ the boundary which runs southerly through the middle of the channel aforesaid" should be located was submitted to His Majesty the Emperor of Germany, whose decision was to be final and without appeal; and whereas by the award of His Majesty the Emperor of Germany of October twenty-first, eighteen hundred and seventy-two, said boundary was established, and it now devolves upon the United States to discharge its treaty obligations: Therefore, Bc it enacted by the Senate and House of Representatives of the United States of America. in Congress assembled, That o commissioner be ap- Commissioner to pointed by the President of the United States, to make, and report to‘>¤ QFD ¢>¤¤Wd *0 the Secretary of the Interior, a list of all British subjects who, on the 0*} §‘zis;°§3;Y fifteenth day of June, eighteen hundred and forty-six, were in the occu- jects in g,,,.,,, gtigu potion of land, lawfully acquired, within the limits which were the sub- of 1am1in 184%, &¤. ject of the award of His Majesty the Emperor of Germany, together Commissioner to with a description of the land actually occupied by each at said date; primed to i(,wi;sy_ and said commissioner shall proceed to the vicinity of `the land in ques- To rcceiveproofof tion, and there receive proof of the occupancy of such land and of the °°§“P?·“°Y:b° _ mode by which such occupancy was acquired, after first giving reason- P;’:;‘}°tf)°c°u§Q;°;Q; able notice as to the said matters to be so reported by him. Such proof what. shall consist of oral testimony, under oath and such documentary proofs Testimony to be , as the said occupants may present. The testimony of all witnesses shall ’°‘B*°°“ °° ""*;*¤S· he reduced to writing and all-documentary proof offered by the parties Pm,} fougg and received by the commissioner shall be attached to the deposition of to depositions, the party offering such proofs, which testimonyand proofs shall be sub- C o mm issionerm mitted by said commissioner with his report, and such report shall be '°§°**2· b S subject to review by the Secretary of thelnterior, whose- action thereon mr;;}°f;m6l§0r?°*°‘ shall be linal. For the purposes of this uct, the said commissioner shall Aiiamity of wmhave authority to subpoena witnesses and to administer oaths and take missioqcrtestimony. Y BEC. 2. That said commissioner shall receive for his services ten dol- comps;] ggtign larsl per diem, together with traveling expenses atthe rate of ten cents and tmveliug exper mile for the 'distance actually traveled in theexecution of said com- P°“S°S· mission; and the sum of one thousand dollars is hereby appropriated Appropriation. r from any unappropriated money in the Treasury to defray such expenses. _ ` Sec. 3. Tk at all British subjects whose claims shall be approved by British suhqec as the Secretary, as provided in seetion one of this act, shall be allowed to my P¤'°b¤¤° °·¤d¤· purchase from the United·.States the land so designated atany time _ within one year from such approval, at the ordinary minimum price per Price. acre where the lands are situated outside railroad limits, and at double · minimum prige where the lands are within railroad limits. ' vox. is; pr. ::-.0