No. 1080.-AN ACT for the relief of Solomon Davis. March 2, 1849. Vol. 9, p. 769. Solomon Davis allowed to enter Proviso. Be it enacted, &c., That Soloman Davis, of Oregon County, in the State of Missouri, be, and he is hereby, authorized to enter, in place of the northwest quarter of lot number two, in the southwest quarter of sec- another lot of tion number six, in township number twenty-four north, range five land in lieu of west, any other lot of land subject to private entry, and that his pay- the one heretoment, heretofore made for said northwest quarter of lot number two, fore entered and shall be taken in part payment for said new entry: Provided, That the paid for by him. said Solomon Davis shall first release to the United States all his right, title, interest, and claim to said northwest quarter of lot number two, containing thirty-five acres and thirty-six hundredths, more or less, and shall further show, before said release, that the title to said lot number two is still in him, the said Davis, and that the said lot has not been in any way encumbered by mortgage, judgment, taxes, or in any other manner, and that the title thereto is in every respect as good as when the same was entered by the said Davis. March 3, 1849. No. 1081.-AN ACT to authorize the citizens of Ozark County, Missouri, to enter less than a quarter-section of land for the seat of justice in said county. Be it enacted, &c., That the county of Ozark, in the State of Missouri, Citizens of may enter by preemption less than a quarter-section of land, to be taken Ozark County auby legal subdivision. Said entry, except as to quantity, shall be made thorized to enter according to the provisions of the act of Congress, approved May seat of justice for twenty-sixth, eighteen hundred and twenty-four, entitled "An act grant- said county. ing to the counties or parishes of each State and Territory of the United States in which the public lands are situated, the right of preemption to quarter-sections of land for seats of justice within the same. a lot of land for March 3, 1849. Vol. 9, p. 785. Ancient settleclaim of Charles McLane No. 1082.-AN ACT for the relief of Charles McLane, of Missouri. Be it enacted, &c., That the claim of Charles McLane to seven hundred and forty-eight arpens and sixty-eight perches, which is entered as number thirty-three in the second class of the decisions of the late ment board of commissioners in Missouri, but which has since been shown to to 748 arpens and be an ancient and continued settlement claim, be and the same is hereby, 68 perches of confirmed, according to the original survey in eighteen hundred and land confirmed to six. him. recognized claim. SEC. 2. And be it further enacted, That this confirmation is in no manner This confirmato impair or affect any interfering adverse recognized claim, if any such tion not to im should be found to exist when a retracing and connection by survey of pair any adverse the original lines of said claim shall be made by the proper officer of After survey the United States, pursuant to this confirmation; and that after such and return of survey shall be made, and an official plat of the same returned to the plat to General General Land Office, a relinquishment patent shall be issued, in which Land Office, patshall be saved and protected any adverse interfering right, if such ent to issue. exist. No. 1083.-AN ACT granting the right of way to the State of Missouri, and a portion of the public lands, to aid in the construction of certain railroads in said State. June 10, 1852. Be it enacted, &c., That the right of way through the public lands be through the puband the same is hereby granted to the State of Missouri, for the con- lic lands granted struction of railroads from the town of Hannibal to the town of St. to Missouri for railroads, and Joseph, in said State, and from the city of St. Louis to such point ou also right to take the western boundary of said State as may be designated by the author- materials, &c. ity of said State, with the right also to take necessary materials of earth, stone, and timber for the construction thereof, from the public lands of the United States adjacent to said railroads: Provided, That in locating the railroads aforesaid, and assigning the limits to the easement, no more land shall be taken from the United States than is necessary for a convenient construction and use of said roads as public ways for transportation, including stations, with the usual build Proviso as to amount to be taken. ings of all kinds, turn-outs and such other appurtenances as are usually Copy of loca-enjoyed by railroad companies, and a copy of the location of said roads, tion to be filed. Grant of lands made under the direction of the legislature, shall be forwarded to the proper local land offices respectively, and to the General Land Office at Washington City, within ninety days after the completion of the same, to be recorded. SEC. 2. And be it further enacted, That there be, and is hereby granted to Missouri in aid to the State of Missouri, for the purpose of aiding in making the railof said railroads. roads aforesaid, every alternate section of land designated by even numbers, for six sections in width on each side of said road; but in case it shall appear that the United States have, when the line or route of said roads, or either of them, shall be definitely fixed by the authority aforesaid, sold any section or any part thereof granted as aforesaid, or that the right of preemption has attached to the same, then it shall be lawful for any agent or agents to be appointed by the governor of said State, to select, subject to the approval of the Secretary of the Interior, from the lands of the United States most contiguous to the tier of sections above specified, so much land in alternate sections or parts of sections as shall be equal to such lands as the United States have sold, or to which the right of preemption has attached as aforesaid; which lands, thus selected in lieu of those sold, and to which pre-emption rights have attached as aforesaid, together with the sections and parts of sections designated by even numbers as aforesaid, and appropriated as aforesaid, shall be held by the State of Missouri for the use and purpose aforesaid: Provided, That the lands to be so located shall in no case be further than fifteen miles from the line of the road in each case: Provided further, That the lands hereby granted shall be exclusively applied in the construction of that road for which it was granted and selected, and shall be disposed of only as the work progresses, and the same shall be applied to no other purpose whatsoever: And provided further, That any and all lands heretofore reserved to the United States by any act of Congress, or in any other manner by competent authority, for the purpose of aiding in any object of internal improvement, or for any other purpose whatsoever, be and the same are hereby reserved to the United States from the operation of this act, except so far as it may be found necessary to locate the route of the said railroads through such reserved lands; in which case the right of way only shall be granted. (a) Provisos. doubled. The minimum SEC. 3. And be it further enacted, That the sections and parts of secprice of the sec- tions of land which, by such grant, shall remain to the United States, tions not granted within six miles on each side of said roads, shall not be sold for less than double the minimum price of the public lands when sold; which lands shall from time to time be offered at public sale to the highest bidder, under the direction of the Secretary of the Interior, and shall not be subject to entry until they shall have been so offered at public sale. (b) The granted SEC. 4. And be it further enacted, That the said lands hereby granted to lands to be ap- the said State shall be subject to the disposal of the legislature thereof, plied to no other purpose, and the for the purposes aforesaid, and no other; and the said railroads shall railroads to be be and remain public highways for the use of the Government of the free to the use of United States, free from toll or other charge upon the transportation of the United States. any property or troops of the United States. How the grantSEC. 5. And be it further enacted, That the lands hereby granted to ed lands are to said State shall be disposed of by said State only in manner following, be disposed of. that is to say that a quantity of land not exceeding one hundred and twenty sections on each road, and included within a continuous length of twenty miles of said road, may be sold; and when the governor of said State shall certify to the Secretary of the Interior, that said twenty miles of said road is completed, then another like quantity of land hereby granted may be sold; and so from time to time, until said road is completed; and if said road be not completed within ten years, no further sales shall be made, and the land unsold shall revert to the United States. The mail to be SEC. 6. And be it further enacted, That the United States mail shall at transported at all times be transported on said railroads under the direction of the such prices as Post-Office Department, at such price as Congress may by law direct. (a) Congress shall fix. (a) See Nos. 1086, 1088, 1111, 1112, 1113, 1120, 1121, 1122, 1125, 1131, 1132, 1133, 1134, 1136, 1152. (b) See Nos. 729, 981, 983, 997, 1007, 1009, 1010, 1020, 1028, 1086, 1096, 1110, 1115, 1120, 1121, 1135. No. 1084.-AN ACT giving the assent of Congress to the State of Missouri to impose a tax or taxes upon all lands hereafter sold by the United States therein, from and after the day of such sale. June 10, 1852. Vol. 10, p. 10. Missouri may as soon as sold. Be it enacted, &c., That the assent of Congress is hereby given to the State of Missouri, to impose a tax or taxes upon all lands hereafter sold tax public lands by the United States, in said State, from and after the day of such sale: Provided. That the assent hereby given shall in nowise impair that provision of the compact with the said State which declares that all lands Proviso as to belonging to citizens of the United States residing without the said State shall never be taxed higher than lands belonging to persons residing therein. (a) (a) See Nos. 791, 989. taxes on nonresidents. No. 1085.—AN ACT for the relief of James W. Campbell, of Pike County, Mis- July 21, 1852. souri. Vol. 10, p. 733. James tain conditions. W. Be it enacted, &c., That James W. Campbell, of Pike County, State of Missouri, be authorized to enter, free of charge, any of the public Campbell authorlands, subject to private entry, at one dollar and twenty-five cents per ized to enter ceracre, lying in the district of lands subject to sale at the land office at tain lands on cerPalmyra, in said State, not exceeding one hundred and twenty acres, upon making proof satisfactory to the register and receiver of said land office, subject to the approval of the Commissioner of the General Land Office, that he is the legal assignee of John J. Jackson, and that two certain receiver's receipts, numbered nineteen thousand five hundred and thirteen, and nineteen thousand five hundred and fourteen, dated June twenty-six, eighteen hundred and thirty-eight, purporting to be issued by A. Bird, receiver at Palmyra, in favor of said Jackson, one for fifty dollars, and one for one hundred dollars, are genuine, and upon surrendering said receipts to the United States and executing a relinquishment of all his right, title, and interest to the land therein described. No. 1086.-AN ACT granting the right of way and making a grant of land to the Feb. 9, 1853. Vol. 10, p. 155. Be it enacted, &c., That the right of way through the public lands be Grant of right and the same is hereby granted to the States of Arkansas and Missouri, kansas and Misof way to Arfor the construction of a railroad from a point on the Mississippi River, souri for a railopposite the mouth of the Ohio, in the State of Missouri, via Little road Rock, to the Texas boundary line near Fulton, in Arkansas, with branches from Little Rock, in Arkansas, to the Mississippi River and to Fort Smith, in said State, with the right to take necessary materials of earth, stone, timber, etc., for the construction thereof: Provided, That Extent of right. the right of way shall not exceed one hundred feet on each side of the Copy of survey length thereof, and a copy of the survey of said road, made under the to be filed. direction of the legislatures of the said States, shall be forwarded to the proper local land offices respectively, and to the General Land Office at Washington City, within ninety days after the completion of the same. road. SEC. 2. And be it further enacted, That there be and is hereby granted Grant of land to the States of Arkansas and Missouri, respectively, for the purpose of to said States in aiding in making the railroad and branches as aforesaid, within their aid of such railrespective limits, every alternate section of land designated by even numbers, for six sections in width on each side of said road and branches; but in case it shall appear that the United States have, when the line or route of said road is definitely fixed by the authority aforesaid, sold any part of any section hereby granted, or that the right of preëmption has attached to the same, then it shall be lawful for any agent or agents, to be appointed by the governor of said State, to select, subject to the approval aforesaid, from the lands of the United States most contiguous to the tier of sections above specified, so much land in alternate sections or parts of sections as shall be equal to such lands as the United States have sold, or to which the right of preemption has attached as aforesaid, which lands, being equal in quantity to one-half of six sections in width on each side of said road, the States of Arkansas and Missouri shall have and hold to and for the use and purpose aforesaid: Provided, That the lands to be located shall in no case be further than fifteen miles from the line of the road: And provided further, Provisos. Purpose to That the lands hereby granted shall be applied in the construction of which the grant- said road, and shall be disposed of only as the work progresses, and ed land is to be applied. shall be applied to no other purpose whatsoever: And provided further, Reserved lands That any and all lands reserved to the United States by any act of excepted from Congress, for the purpose of aiding in any object of internal improve said grant. Price of sec ment, or in any manner for any purpose whatsoever, be and the same are hereby reserved to the United States from the operation of this act, except so far as it may be found necessary to locate the routes of the said railroad and branches through such reserved lands. (a) SEC. 3. And be it further enacted, That the sections and parts of sections not granted tions of land which by such grant shall remain to the United States within six miles on each side of said road, shall not be sold for less than double the minimum price of the public lands when sold. (b) to be doubled. pose. property or troops. Lands granted SEC. 4. And be it further enacted, That the said lands hereby granted to be appropri- to the said States shall be subject to the disposal of the legislatures ated to said pur- thereof, for the purposes aforesaid and no other; and the said railroad No charge to and branches shall be and remain a public highway for the use of the be made to the Government of the United States, free from toll or other charge upon United States for the transportation of any property or troops of the United States. transportation of SEC. 5. And be it further enacted, That the lands hereby granted to said States shall be disposed of by said States only in the manner followHow said lands ing; that is to say, that a quantity of land not exceeding one hundred may be disposed and twenty sections, and included within a continuous length of twenty miles of said road, may be sold; and when the governors of said State or States shall certify to the Secretary of the Interior that twenty continuous miles of said road is completed, then another like quantity of Unsold lands land hereby granted may be sold; and so from time to time until said to revert if the road is completed; and if said road is not completed within ten years, railroad is not no further sales shall be made, and the land unsold shall revert to the completed in ten years. of. United States. Mail to be SEC. 6. And be it further enacted, That the United States mail shall at transported at all times be transported on the said road and branches, under the direcsuch prices as tion of the Post-Office Department, at such price as Congress may by law direct. (a) Congress direct. shall (a) See Nos. 1083, 1088, 1111, 1112, 1113, 1120, 1121, 1122, 1125, 1131, 1132, 1133, 1134, 1136, 1152. (b) See Nos. 729, 981, 983, 997, 1007, 1009, 1010, 1020, 1028, 1083, 1096, 1110, 1115, 1120, 1121, 1135. Feb. 9, 1853. souri confirmed No. 1087.—AN ACT for the relief of Joseph M. Wilcoxon, of the State of Missouri. Be it enacted, &c., That entries number twenty-one thousand nine entries in Mis; hundred and seventy-seven, and twenty-two thousand one hundred and thirty-eight, of the south half of section three, and the southeast fractional quarter of section nine, on island number nineteen, in township fifty-one, north of range twenty-two west, in the State of Missouri, heretofore made by Joseph M. Wilcoxon, be, and the same are hereby confirmed to the said Joseph M. Wilcoxon, his heirs and assigns, and the title to the said land be, and the same is hereby vested in the said Joseph M. Wilcoxon, his heirs and assigns: Provided, That this act shall not be construed to interfere with, or in any wise impair, the rights of third persons in and to the said land or any part thereof. Proviso. Feb. 14, 1853. No. 1088.-AN ACT granting the right of way to the St. Louis and Iron Mountain Railroad Company, and for other purposes. Be it enacted, &c., That the right of way, sixty feet in width, through at St. Louis the lands in which the St. Louis arsenal, the St. Louis marine bospital, granted to the and Jefferson barracks are situated, in the State of Missouri, be and Iron Mountain the same is hereby granted to the St. Louis and Iron Mountain Rail St. Louis and Railroad. Provisos. road Company, for the construction of a railroad from the city of St. Louis through said lands: Provided, That the location of said road through the lands aforesaid shall be made subject to the approval of the Secretary of War: Provided further, That said location can be made without injury to the public interest in the opinion of the said Secretary of War. (a) * (a) See Nos. 1083, 1086, 1111, 1112, 1113, 1120, 1121, 1122, 1125, 1131, 1132, 1133, 1134, 1136, 1152. MISSOURI. No. 1089.-AN ACT for the relief of Conrad Wheat, jr., or his legal representatives. July 27, 1854. Vol. 10, p. 798. Conrad Wheat, Be it enacted, &c., That the location of six hundred and forty acres of land, and which is described as survey number two thousand four hun- jr.'s location of dred and fifty-three in township forty-four north, of range five and six 640 acres of land east, of the principal meridian, in the State of Missouri, made by Con- confirmed. rad Wheat, jr., on the twenty-second day of October, eighteen hundred and sixteen, under a certificate of location numbered one hundred and thirteen, issued on the twelfth day of August, eighteen hundred and sixteen, by the recorder of land titles, to the said Wheat, is hereby confirmed. Patent to issue SEC. 2. And be it further enacted, That the Commissioner of the General Land Office is hereby authorized to issue a patent to the said Con- to said Wheat or rad Wheat, jr., or his legal representatives, for the said lands. No. 1090.-AN ACT for the relief of William J. McElhiney, E. P. Matthews, and Lawrence Cribben. his representatives. Aug. 3, 1854. Wm. J. McEl Be it enacted, &c., That William J. McElhiney, E. P. Matthews, and Lawrence Cribben, shall be, and they are hereby, respectively authorized hiney, E. P. Mat Cribben, are sev erally authorto enter the portions of the southeast fractional quarter of fractional thews, and L. section ten, and the southwest fractional quarter of fractional section eleven, west of the St. Charles commons, in township forty-sixth north, ized to enter cerof range four east, in the district of lands subject to sale at St. Louis, tain lands now in Missouri, now in possession of each of them, upon producing proof to their possession, the satisfaction of the land officers for said district, of the extent of their possessions, respectively, in said fractional sections, and paying When patent therefor the minimum price of the public lands; and, upon such proof to issue therefor. and payment being made, certificates and patents shall be issued therefor, as in other cases of the sale of public lands. upon certain con ditions. Aug. 5, 1854. Vol. 10, p. 825. No. 1091.-AN ACT for the relief of Lloyd Dorsey, and others. Be it enacted, &c., That Lloyd Dorsey, of the county of St. Charles, and State of Missouri, be, and he is hereby, authorized to enter at the Lloyd Dorsey proper land office in said State, at the minimum price of the public authorized to enlands, the southeast fractional quarter of section twenty-two, township ter certain land. forty-six, range four east, containing one hundred and forty-two and eighty-nine one-hundredth acres; and that he is hereby authorized to enter, for the use and benefit of the heirs of George Pitzer, deceased, the southwest fractional quarter of section twenty-two, township fortysix, range four east, containing one hundred and four acres, and the northeast fractional quarter of section twenty-seven, township fortysix, range four east, containing forty-six acres: Provided, That nothing in this act contained shall prejudice the rights of any person or persons having any legal or equitable claim to the lands herein mentioned, any or part thereof. Proviso. Aug. 5. 1854. The represent- to enter certain No. 1092.-AN ACT for the relief of the legal representatives of George McGirk. Be it enacted, &c., That the legal representatives of George McGirk be, and they are hereby, authorized to enter, without payment, one hundred and sixty acres of land, in any land office of the State of Mis- atives of souri, in lieu of a tract of land claimed by them in said State, viz: the Girk authorized northwest quarter of section one, in township forty-eight, of range lands. seventeen, (west of the fifth principal meridian line, and being survey number two thousand five hundred and forty-four;) for which land, so entered by them, the register of the land office shall issue the necessary certificate, on payment of the fee therefor, on return of which said certificate to the General Land Office, a patent shall issue in favor of said legal representatives. No. 1093.-AN ACT for the relief of the inhabitants of township forty-five, range one, in Warren County, Missouri. Whereas the concession of six hundred arpens of land by C. D. Delassus, the lieutenant governor of Upper Louisiana, to Andrew Kinaird, and which concession was confirmed by the act of Congress of July fourth, eighteen hundred and thirty-six, entitled "An act confirming claims to land in the State of Missouri, and for other purposes," was located prior to the surveys of the public lands in Missouri; and whereas, Aug. 5, 1854. |