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receive an annual salary of two thousand five hundred dollars, the secretary shall receive an annual salary of two thousand dollars; the said salaries shall be paid quarter-yearly, from the dates of the respective appointments, at the treasury of the United States; but no payment shall be made until said officers shall have entered upon the duties of their respective appointments. The members of the legislative assembly shall be entitled to receive four dollars each per day, during their attendance at the sessions thereof and four dollars each for every twenty miles traveled in going to and returning from said sessions estimated according to the nearest usually travelled route, and an additional allowance of four dollars per day shall be paid to the presiding officer of each house for each day he shall so preside. And a chief clerk, one assistant clerk, one engrossing and one enrolling clerk, a sergeant-at-arms and doorkeeper may be chosen for each house; and the chief clerk shall receive four dollars per day, and the said other officers three dollars per day, during the session of the legislative assembly; but no other officers shall be paid by the United States: Provided, That there shall be but one session of the legislative assembly annually, unless, on an extraordinary occasion, the governor shall think proper to call the legislative assembly together. There shall be appropriated annually the usual sum to be expended by the governor to defray the contingent expenses of the Territory, including the salary of the clerk of the executive department; and there shall also be appropriated annually a sufficient sum, to be expended by the secretary of the Territory, and upon an estimate to be made by the secretary of the treasury of the United States, to defray the expenses of the legislative assembly, the printing of the laws, and other incidental expenses; and the governor and secretary of the Territory shall, in the disbursement of all moneys entrusted to them, be governed solely by the instructions of the secretary of the treasury of the United States, and shall, semi-annually, account to the said secretary for the manner in which the aforesaid moneys shall have been expended; and no expenditure shall be made by said legislative assembly for objects not specially authorized by the acts of congress making the appropriations, nor beyond the sums thus appropriated for such objects.

SEC. 12. And be it further enacted, That the legislative assembly of the Territory of Idaho shall hold its first session at such time and place in said Territory as the governor thereof shall appoint and direct; and at said first session, or as soon thereafter as they shall deem expedient, the governor and legislative assembly shall proceed to locate and establish the seat of

government for said Territory at such place as they may deem eligible: Provided, That the seat of government fixed by the governor and legislative assembly shall not be at any time. changed, except by an act of the said assembly duly passed, and which shall be approved, after due notice, at the first general election thereafter, by a majority of the legal votes cast on that question.

SEC. 13. And be it further enacted, That a delegate to the House of Representatives of the United States, to serve for the term of two years, who shall be a citizen of the United States, may be elected by the voters qualified to elect members of the legislatiwe assembly, who shall be entitled to the same rights and privileges as are exercised and enjoyed by the delegates from the several other territories of the United States to the said House of Representatives; but the delegate first elected shall hold his seat only during the term of the Congress to which he shall be elected. The first election shall be held at such time and places, and be conducted in such manner as the governor shall appoint and direct; and at all subsequent elections the times, places, and manner of holding elections shall be prescribed by law. The person having the greatest number of legal votes shall be declared by the governor to be duly elected, and a certificate thereof shall be given accordingly. That the Constitution and all laws of the United States which are not locally inapplicable shall have the same force and effect within the said Territory of Idaho as elsewhere within the United States.

SEC. 14. And be it further enacted, That when the lands in the said Territory shall be surveyed, under the direction of the government of the United States, preparatory to bringing the same into market, sections numbered sixteen and thirty-six in each township in said Territory shall be, and the same are hereby, reserved for the purpose of being applied to schools in said Territory, and in the states and territories hereafter to be erected out of the same.

SEC. 15. And be it further enacted, That, until otherwise provided by law, the governor of said Territory may define the judicial districts of said Territory, and assign the judges who may be appointed for said Territory to the several districts, and also appoint the times and places for holding courts in the several counties or subdivisions in each of said judicial districts, by proclamation to be issued by him; but the legislative assembly, at their first or any subsequent session, may organize, alter, or modify such judicial districts, and assign the judges, and alter the times and places of holding the courts, as to them shall seem proper and convenient.

SEC. 16. And be it further enacted, That all officers to be appointed by the president of the United States, by and with the advice and consent of the senate, for the Territory of Idaho, who, by virtue of the provisions of any law now existing, or which may be enacted by congress, are required to give security for moneys that may be intrusted with them for disbursement, shall give such security at such time and in such manner as the secretary of the treasury may prescribe..

SEC. 17. And be it further enacted, That all treaties, laws, and other engagements made by the government of the United States with the Indian tribes inhabiting the territory embraced within the provisions of this act, shall be faithfully and rigidly observed, anything contained in this act to the contrary notwithstanding; and that the existing agencies and superintendencies of said Indians be continued with the same powers and duties which are now prescribed by law, except that the president of the United States may, at his discretion, change the location of the offices of said agencies or superintendents. APPROVED, March 3d, 1863.

ACT OF CONGRESS

CREATING THE OFFICE OF SURVEYOR GENERAL OF THE PUBLIC LANDS IN OREGON. AND TO PROVIDE FOR THE SURVEY, AND TO MAKE DONATIONS TO SETTLERS OF THE SAID PUBLIC LANDS.

SEC. 1. A surveyor general to be appointed, his duties and authority.

2. Surveyor general's office to be established where the president shall desig-
nate; salary of surveyor general-appropriation for clerk hire and
office rent.
3. The secretary of the interior to designate the method of the survey; pro-
viso as to land unfit for cultivation-the cost of the survey not to exceed
eight dollars per mile.
4. Donations of 640 and 320 acres to citizens of the United States-no alien to
be entitled to the benefit of this act unless his declaration of intention is
made the donation to embrace the land occupied-certain contracts to
be void-persous claiming under this act not to hold under the treaty of '46.
5. Donation of 320 and 160 acres to citizens of the United States up to 1st Dec.
1853-no person to receive but one patent, and no mineral lands to be
located.

6. Notifications to be filed-when, where and how record to be kept; surveyor
general to decide all conflicts of boundaries; proviso as to lines running

7.

8.

9.

10.

11.

12.

with section lines.

Of final proof and the issuing of patents.

Upon the death of a claiment his rights to extend to his heirs at law.
Certain claims invalid.

Two townships of land granted to the territory of Oregon to establish a
university.

"The Oregon City Claim" granted to the territory, except certain portions thereof.

Affidavits of cultivation, &c., to be made before the surveyor general, and to be recorded by him.

13. Questions arising under this act to be decided by the surveyor generalduty of the surveyor general.

14. Land not to be claimed under this act; proviso as to military reservations.

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled,

That a surveyor general shall be appointed for the territory of Oregon, who shall have the same authority, perform the same duties respecting the public lands and private land claims in the territory of Oregon, as are vested in and required of the surveyor of lands in the United States northwest of Ohio, except hereinafter provided.

SEC. 2. And be it further enacted, That the said surveyor general shall establish his office at such place, within the said territory, as the president of the United States, may from time to time direct; he shall be allowed an annual salary of two thousand five hundred dollars, to be paid quarter yearly, and to commence at such time as he shall enter into bond, with competent security, for the faithful discharge of the duties of his office. There shall be, and hereby is appropriated the sum of four thousand dollars, or as much thereof as is necessary for clerk hire in his office: and the further sum of one thousand dollars per annum for office rent, fuel, books, stationery, and other incidental expenses of his office, to be paid out of the appropriation for surveying the public lands,

SEC. 3 And be it further enacted, That if, in the opinion of the secretary of the interior it be preferable, the surveys in said territory shall be made after what is known as the geodetic method, under such regulations, and upon such terms, as may be provided by the secretary of the interior, or other department having charge of the surveys of the public lands, and that said geodetic surveys shall be followed by topographical surveys, as congress may, from time to time authorize and direct; but if the present mode of survey be adhered to, then it shall be the duty of said surveyor to cause a base line, and meridian to be surveyed, marked and established, in the usual manner, at or near the mouth of the Wallamet river; and he shall also cause to be surveyed, in townships and sections, in the usual manner, and in accordance with the laws of the United States, which may be in force, the district of country lying between the summit of the Cascade mountains and the Pacific ocean, and south and north of the Columbia river: Provided, however, that none other than township lines shall be run, where the land is deemed unfit for cultivation. That no deputy surveyor shall charge for any line except such as may be actually run and marked, nor for any line not necessary to be run; and that the whole cost of surveying shall not exceed the rate of eight dollars per mile, for every mile and part of mile actually surveyed and marked.

SEC. 4. And be it further enacted, That there shall be and hereby is granted to every white settler or occupant of the

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