and privileges, and be subject to all the duties and liabilities to taxation of other citizens of the United States. But nothing herein contained shall be construed to deprive them of annuities to which they are or may be entitled.

No. 136 B.-Joint Resolution reserving mineral lands from the operation of all acts, passed at the first session of the thirty-eighth Congress, granting lands, or extending the time of former grants.

Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That no act passed at the first session of the thirty-eighth Congress, granting lands to States or corporations, to aid in the construction of roads or for other purposes, or to extend the time of grants heretofore made, shall be so construed as to embrace mineral lands, which in all cases shall be, and are, reserved exclusively to the United States, unless otherwise specially provided in the act or acts making the grant. Approved, January 30, 1865.

No. 137 B.-A Resolution to extend the time for the reversion to the United States of the lands granted by Congress to aid in the construction of a railroad from Pere Marquette to Flint, and for the completion of said road.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the time specified in the fourth section of the act of Congress approved June three, eighteen hundred and fifty-six,* entitled "An act making a grant of alternate sections of the public lands to the State of Michigan to aid in the construction of certain railroads in said State, and for other purposes," for the reversion to the United States of the lands granted by said act to aid in the construction of a railroad from Pere Marquette to Flint, and for the completion of said road, be, and the same is hereby, extended for the term of five years.

Approved, February 17, 1865.

No. 138 B.-A resolution to extend the time for constructing the Burlington and Missouri River Railroad, in Iowa, and filing a map of re-location.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the time allowed by the eighth section of the act entitled "An act to amend an act entitled 'An act making a grant of lands to the State of Iowa, in alternate sections,

* Vol. I. No. 293. No. 149 B

to aid in the construction of certain railroads in said State,' approved May fifteenth, eighteen hundred and fifty-six,"* for the construction annually of sections of twenty miles each of the Burlington and Missouri River Railroad, be, and the same is hereby, extended one year, and that the provision of the second section of the act approved first of July, eighteen hundred and sixty-four, entitled "An act to regulate the compensation of registers and receivers of the land offices in the several States and Territories in the location of lands by the States and corporations under grants by Congress," which requires that a map of the change of location shall be filed with the Commissioner of the General Land Office within one year, be, and the same is hereby, repealed.† Approved, March 3, 1865.

No. 139 B.-An Act to quiet the title to certain lands within the corporate limits of the city of San Francisco.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all the right and title of the United States to the land situated within the corporate limits of the city of San Francisco, in the State of California, confirmed to the city of San Francisco by the decree of the Circuit Court of the United States for the Northern District of California, entered on the eighteenth day of May, one thousand eight hundred and sixty-five, be, and the same are hereby, relinquished and granted to the said city of San Francisco and its successors, and the claim of the said city to said land is hereby confirmed, subject, however, to the reservations and exceptions designated in said decree, and upon the following trusts, namely, that all the said land, not heretofore granted to said city, shall be disposed of and conveyed by said city to parties in the bona fide actual possession thereof, by themselves or tenants, on the passage of this act, in such quantities and upon such terms and conditions as the Legislature of the State of California may prescribe, except such parcels thereof as may be reserved and set apart by ordinance of said city for public uses: Provided, however, That the relinquishment and grant by this act shall not interfere with or prejudice any valid adverse right or claim, if such exist, to said land, or any part thereof, whether derived from Spain, Mexico, or the United States, or preclude a judicial examination and adjustment thereof. Approved, March 8, 1866.

No. 140 B.-An Act quieting doubts in relation to the validity of certain locations of lands in the State of Missouri, made by virtue of certificates issued under the act of Congress of February the seventeenth, eighteen hundred and fifteen.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all locations of lands in the State of Missouri, purporting to have been made by virtue of certificates issued under the act of Congress, approved February the seven† No. 105 B.

* Vol. I. No. 288.

teenth, eighteen hundred and fifteen, entitled "An act for the relief of the inhabitants of the late County of New Madrid, in the Missouri Territory, who suffered by earthquakes," which are invalid in consequence of having been made or located after the expiration of the time specified by law for making said locations, shall be, and the same are hereby declared to be, as valid, and as binding, as if the said locations had been made and fully completed within the time prescribed by law, provided said locations shall be according to law in all other respects; but the foregoing provisions of this section shall not apply to, comprehend, include, or extend to any land within township forty-five, north of the base line, in range seven, east of the fifth principal meridian line in said State of Missouri.

SEC. 2. And be it further enacted, That the United States do hereby grant, relinquish, and convey, in fee simple, and in full property, to James Y. O'Carroll, or his legal representatives, all of the right, title, and interest of the United States in and to all of the land within survey number two thousand four hundred and ninety-eight, in township forty-five, north of the base line in range seven, east of the fifth principal meridian line, in the State of Missouri, being the same land that was located by virtue of certificate number one hundred and fifty, issued to the said James Y. O'Carroll, or his legal representatives, under the act of Congress approved February the seventeenth, eighteen hundred and fifteen, entitled "An act for the relief of the inhabitants of the late County of New Madrid, in the Missouri Territory, who suffered by earthquakes:" Provided, however, That nothing in this section shall grant, relinquish, or convey the whole, or any part of any lot, tract, piece, or parcel of land in said township, which has been heretofore confirmed by the United States to any person or persons, or to the legal representatives of any person or persons: And provided, further, That nothing in this act shall be so construed as to invalidate or impair any patent heretofore issued by the United States, or shall in any manner abridge, divest, impair, injure, or prejudice any valid adverse right, title, or interest of any person or persons in or to any portion or part of the aforesaid land which is granted, relinquished, and conveyed by this act.

Approved, March 21, 1866.

No. 141 B.—An Act granting to the State of Wisconsin a donation of public lands to aid in the construction of a breakwater and harbor and ship canal at the head of Sturgeon Bay, in the County of Door, in said State, to connect the waters of Green Bay with Lake Michigan, in said State.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be, and hereby is, granted to the State of Wisconsin for the purpose of aiding said State in constructing and completing a breakwater and harbor and ship canal to connect the waters of Green Bay with the waters of Lake Michigan, two hundred thousand acres of public lands, to be selected in subdivisions agreeably to the United States survey, by an agent or agents appointed by the Governor of said State, subject to the approval of the Secretary of the Interior, from lands subject to private entry: Provided, That said selections shall be made from alternate and odd numbered sections of land nearest the location of said harbor and canal in said State not otherwise appropriated, and not from lands designated by the United States as

"mineral" before the passage of this act, nor from lands to which the rights of pre-emption or homestead have attached.

SEC. 2. And be it further enacted, That the said lands hereby granted shall be subject to the disposal of the Legislature of said State, or, if the Legislature thereof shall not be in session, or shall adjourn within ten days after the passage and approval of this act, then said lands shall be subject to the disposal of the Governor and board of commissioners of school, university, and swamp lands of said State, for the purposes aforesaid, and for no other; and the said canal shall be and remain a public highway for the use of the Government of the United States, free from toll or charge upon the vessels of said Government, or upon vessels employed by said Government in the transportation of any property or troops. of the United States.

SEC. 3. And be it further enacted, That before it shall be competent for said State to dispose of any of said lands, to be selected as aforesaid, the plan of said breakwater and harbor and the route of said canal shall be established, and a plat or plats thereof shall be filed in the office of the War Department, and a duplicate thereof filed in the office of the Commissioner of the General Land Office.

SEC. 4. And be it further enacted, That if the said breakwater, harbor, and canal, shall not be completed within three years from the passage of this act, the lands hereby granted and remaining unsold shall revert to the United States.

SEC. 5. And be it further enacted, That the Legislature of said State shall cause to be kept an accurate account of the sales and net proceeds of the lands hereby granted, and of all expenditures in the construction, repairs, and operating of said canal, and of the earnings thereof, and shall return a a statement of the same annually to the Secretary of the Interior. And whenever said State shall be fully reimbursed for all advances made for the construction, repairs, and operating of said canal, with legal interest on all advances until the reimbursement of the same, or upon payment by the United States of any balance of such advances over such receipts from said lands and canal, with such interest, the said State shall be allowed to tax for the use of said canal only such tolls as shall be sufficient to pay all necessary expenses for the care, charge, and repair of the

same.

SEC. 6. And be it further enacted, That said ship canal shall be at least one hundred feet in width, with a depth of water not less than thirteen feet. Approved, April 10, 1866.

No. 142 B.—An Act to grant the right of way to the "Cascade Railroad Company" through a military reserve in Washington Territory.

Whereas the Cascade Railroad Company, a corporation duly created and organized under the laws of Washington Territory, has constructed and put in operation a railroad on the Cascade Portage of the Columbia River, in said Territory, a portion of which said road is constructed through a military reserve of the United States; and whereas doubts have arisen as to the right to construct such road through said reserve and the validity of the charter of said company: Therefore, Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be, and is

hereby, granted to the said Cascade Railroad Company a right of way of sixty feet in width along the line of said road as at present constructed and along the changes of location hereafter made to straighten and render said road safe, through the public lands of the United States, the military reserve, and the lands of private persons agreeing thereto, including all necessary grounds for stations, buildings, workshops, depots, machine shops, switches, side tracks, and wharves. And the charter of said company is hereby adopted and declared to be valid: Provided, That nothing in this act shall be so construed as to give said company the right to occupy for any purpose whatever more than sixty feet in width on the line of said road at any point or points where the space or pass between the river and bluff or mountain is so narrow as not to admit of the construction of another parallel railroad, turnpike, road, canal, or other public work for transportation of freight or passengers.

Approved, April 10, 1866.

No. 143 B.-An Act concerning the boundaries of the State of Nevada.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, as provided for and consented to in the constitution of the State of Nevada, all that territory and tract of land adjoining the present eastern boundary of the State of Nevada, and lying between the thirty-seventh and the forty-second degrees of north latitude and west of the thirty-seventh degree of longitude west of Washington, is hereby added to and made a part of the State of Nevada.

SEC. 2. And be it further enacted, That there is hereby added to and made a part of the State of Nevada all that extent of territory lying within the following boundaries, to wit: Commencing on the thirty-seventh degree of north latitude, at the thirty-seventh degree of longitude west from Washington; and running thence south on said degree of longitude to the middle of the river Colorado of the West; thence down the middle of said river to the eastern boundary of the State of California; thence northwesterly along said boundary of California to the thirtyseventh degree of north latitude; and thence east along said degree of latitude to the point of beginning: Provided, That the territory mentioned in this section shall not become a part of the State of Nevada until said State shall, through its Legislature, consent thereto: And provided further, That all possessory rights acquired by citizens of the United States to mining claims discovered, located, and originally recorded in compliance with the rules and regulations adopted by miners in the PahRanagat and other mining districts in the Territory incorporated by the provisions of this act into the State of Nevada shall remain as valid subsisting mining claims; but nothing herein contained shall be so construed as granting a title in fee to any mineral lands held by possessory titles in the mining States and Territories.

Approved, May 5, 1866.