given. The payment of moneys and the distribution of all goods stipulated to be furnished to any Indian or tribe of Indians must be made in one or the other of the modes prescribed by statute, as the President or the Secretary of the Interior may direct. (R. S., § 2086.)

1123. The Secretary of the Interior is required to make regulations for the disbursement, in the presence of local agents and interpreters, who shall witness the same, of moneys, whether for annuities or in fulfillment of other treaty stipulations with individual Indians or Indian tribes. (R. S., § 2089.)

1124. He is required to invest in the safest and the most beneficial manner, according to his judgment, and at an interest not lower than five per centum per annum, all moneys that may be received under treaties containing stipulations for the payment to the Indians annually, of interest upon the proceeds of the lands ceded by them. (R. S., § 2096.)

1125. He is required to withhold from any tribe of Indians who may hold American captives any moneys due from the United States until such captives shall have been surrendered to lawful authority. (R. S., § 2102; act March 3, 1875, Stats. 18, p. 420.)

1126. It is made his duty to determine, in certain cases involving an agreement or contract with individual Indians or an Indian tribe, whether, from the statement of all the facts in detail, sworn to and previously filed with the Commissioner of Indian Affairs, such contract or agreement has been complied with, before payment can be made for services under the same. (R. S., § 2104.)

1127. He has power to sustain, set aside, or modify the action of the executive committee of the Board of Indian Commissioners approving or disapproving accounts of con tractors for Indian supplies, &c., and to cause payment to

be made or withheld, as he may determine from a consideration of the accounts and vouchers forwarded to him by that board, as directed by law, with a statement of its reasons for approval or disapproval. (R. S., § 2107.)

1128. It is his duty to cause settlements to be made with all persons appointed by Indian councils to receive moneys due to incompetent or orphan Indians, and to require all moneys found due to such persons to be returned to the Treasury, subject to be paid by his order to those entitled thereto, with interest at six per centum per annum. (R. S., § 2108.)

1129. Upon his approval, the amount directed by law to be withheld from the annuity of any tribe or band of Indians because of individual trespass on the part of a member of such tribe or band who has not received allotment of land, upon the lands of another Indian who has received allotment of lands, may be paid over to the party so injured. (R. S., § 2120.)

1130. The Secretary of the Interior is authorized to cause all buildings belonging to the United States, erected for the use of its agents, teachers, farmers, mechanics, and other persons employed among the Indians, to be sold, whenever the lands on which the same are erected have become the property of the United States and are no longer necessary for such purposes. He is authorized to sell with each of such buildings a quantity of land not exceeding one section; also, on receipt of the purchase-money in the Treasury of the United States, to execute and deliver to the purchaser a title in fee-simple for such lands and tenements. (R. S., §§ 2122, 2123.)

1131. He is required to exclude from the district or country occupied by uncivilized or hostile Indians any trader, his agent or other person acting for him, who shall sell arms or ammunition at his trading post or other place

1123. He is authorised to except by his wrimen order any part at Indian tribe from the operation of the provalon f las requiring able-bodied male Indians between the age of eighteen and forty-dne to perform labor or serVice upon the reservations for the benefit of themselves or of the particular tribe to which they belong. Act June 22, 1874, tata. 1, p. 176,

1131. He is required to prescribe rules to enable Indians entitled to the benefit of the homestead laws to make proof tending to establish the required abandonment of their tribal relations. (Act March 3, 1874, Stats. 18, p. 420.)

1135. It is his duty to cause to be prepared and deliv ered to the Public Printer, on or before the first day of November in each year, a tabular statement of the items paid out up to that date from the appropriations made for the Indian Department for the fiscal year previously ending, each item to be placed under the appropriation from which it was paid, in such manner as to show the disposi tion made of each appropriation and the amount unexpended of each; also an itemized statement of the salaries and incidental expenses paid at each agency for that year, the appropriations out of which paid, and the number of

Indians at each agency. These reports are required to be laid before Congress on the first day of the succeeding session. (Act March 3, 1875, Stats. 18, p. 450.)

THE CENSUS.

1136. The act providing for the taking of the tenth census makes it the duty of the Secretary of the Interior, on or before the 1st of March, 1880, to designate the number of supervisors of the census to be appointed in each State and Territory, not to exceed one hundred and fifty; and that act likewise devolves upon him a general supervision over the adoption of the forms and schedules to be used and of the returns and compilations to be made.

The details of the work are to be performed under the immediate charge of a Superintendent of the Census, who is to be at the head of an office or bureau in the Interior Department called the "Census Office." This office, which is to have a Chief Clerk and subordinate clerks of different classes, has not been established yet, for the work, doubtless, will not commence actively until some time towards the close of the present year.

THE PUBLIC LANDS.

1137. The Secretary of the Interior is required to take all necessary measures to complete the surveys of the public lands in the several surveying districts, for which surveyors. general have been or may be appointed, at the earliest period compatible with the purposes contemplated by law. (R. S., § 2218.)

1138. He is required, whenever the quantity of public land remaining unsold in any land district is reduced to a number of acres less than one hundred thousand, to discontinue the land office of such district, and thereupon to give notice of the land office most convenient to that district at

which any unsold lands may be offered for sale. He may, however, continue any such land district in which is situated the seat of government of any one of the States, notwithstanding that the quantity of land unsold may not amount to one hundred thousand acres. (R. S., §§ 2248, 2249.)

1139. He is empowered to make a reasonable allowance for office rent in each consolidated land office, and to approve the employment by the register of the required clerks to keep up the current business. (R. S., § 2255.)

1140. It is his duty to prescribe rules for the establishment of proof of settlement upon and improvement of lands subject to pre-emption. (R. S., § 2263.)

1141. He is required to take jurisdiction in case of final appeal from the decisions of the Commissioner of the General Land Office and the register and receiver of the particular land district, as between different persons claiming the right of pre-emption. (R. S., § 2273; see Johnson v. Towsley, 13 Wall., p. 72.)

1142. The Secretary of the Interior may set apart as subject to pre-emption such portions of lands reserved from survey and sale as mineral lands, when the same have been settled upon for homesteads, and have been improved and used for agricultural purposes, and contain no valuable mines, and are clearly agricultural lands. (R. S., § 2342.)

1143. Upon proof being made to his satisfaction that any tract has been erroneously sold by the United States, so that from any cause the sale cannot be confirmed, he is authorized to repay to the purchaser, or to his legal representatives or assigns, the sum of money which was paid therefor, out of any money in the Treasury unappropriated. (R. S., § 2362.)

1144. In every case of the entry by a purchaser of a tract of land different from the one he intended to pur