as are in the bona fide occupancy of parties upon the passage of this act by Limit to grant. themselves or tenants, to such parties: Provided, That this grant shall not extend to any reservation of the United States, nor prejudice any valid adverse right or claim, if such exist, to said land or any part thereof, nor preclude a judicial examination and adjustment thereof. July 23, 1866. benefit of the St. Location of road and branch es. ed lands have be selected in lien thereof. APPROVED, July 23, 1866. CHAP. CCXII. - An Act for a Grant of Lands to the State of Kansas to aid in the Construction of the Northern Kansas Railroad and Telegraph. Be it enacted by the Senate and House of Representatives of the United Lands granted States of America in Congress assembled, That there is hereby granted to to Kansas for the the State of Kausas, for the use and benefit of the Saint Joseph and DenJoseph and Den- ver City Railroad Company, the same being a corporation organized unver City Railroad der the laws of the State of Kansas, to construct and operate a railroad Company. from Elwood, in Kansas, westwardly, via Maryville, in the same State, So as to effect a junction with the Union Pacific Railroad, or any branch thereof not farther west than the one hundredth meridian of west longitude, every alternate section of land designated by odd numbers, for ten sections in width on each side of said road, to the point of intersection. It any of grant- But in case it shall appear that the United States have, when the line or route of said road is definitely fixed, sold any section or any part thereof, been sold or reserved, &c. granted as aforesaid, or that the right of pre-emption or homestead settleother lands may ment has attached to the same, or that the same has been reserved by the United States for any purpose whatever, then it shall be the duty of the Secretary of the Interior to cause to be selected for the purposes aforesaid, from the public lands of the United States nearest to tiers of sections above specified, so much land, in alternate sections or parts of sections designated by odd numbers, as shall be equal to such lands as the United States have sold, reserved, or otherwise appropriated, or to which the rights of pre-emption or homestead settlements have attached as aforesaid; which lands, thus indicated by odd numbers, and selected by direction of the Secretary of the Interior as aforesaid, shall be held by the State of Kansas for the use and purpose aforesaid: Provided, That the land to be so selected shall in no case be located farther than twenty miles from the line of said road: Provided further, That the lands hereby granted for Lands granted and on account of said road shall be exclusively applied in the constructo be applied exclusively in tion of the same and for no other purpose whatever, and shall be disposed the construction of only as in this act hereinafter provided: Provided, also, That no part of railroad; of the land granted by this act shall be applied to aid in the construction road for which of any railroad or part thereof for the construction of which any previous previous grant grant of land or bonds has been made by Congress : And provided further, That 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 operations of this act, except so far as may be found necessary to locate the route of said road through said lands; in Right of way. which case the right of way for one hundred feet on each side of said road only shall be granted, subject to the approval of the President of the United States. Selected lands to be within twenty miles of road. but not for any has been made. Lands hereto fore reserved exempted from the Operation of this act. lands not to be any Remaining SEC. 2. And be it further enacted, That the sections and parts of secsold for less than tions of land which by such grant shall remain to the United States, double the mini- within ten miles on each side of said road, shall not be sold for less than mum price; double the minimum price of the public lands when sold; nor shall any of said lands become subject to sale at private entry until the same shall to be exposed have been first offered at public sale to the highest bidder, at or above the increased minimum price, as aforesaid: Provided, That actual and bona fide settlers, under the provisions of the pre-emption and homestead laws to public sale. settlers under homestead and of the United States, may, after due proof of settlement, improvement, pre-emption laws. cultivation, and occupation, as now provided by law, purchase the same, at the increased minimum price aforesaid: And provided also, That set- Settlers tlers on any of said reserved sections, under the provisions of the home- under homestead law, who improve, occupy, and cultivate the same for a period of stead laws when five years, and comply with the several conditions and requirements of ents for eighty said act, shall be entitled to patents for an amount not exceeding eighty acres each. acres each, anything in this act to the contrary notwithstanding. entitled to pat Lands how to inure to the benefit of the SEC. 3. And be it further enacted, That the grant of the lands hereby Conditions made is upon condition that said company, after the construction of its grant. road, shall keep it in repair and use, and shall at all times be in readiness to transport troops, munitions of war, supplies and public stores upon its roads for the government when required to do so by any department thereof, the government at all times having the preference in the use of the road for all the purposes aforesaid at fair and reasonable rates of compensation, not exceeding that paid by private individuals or the average paid for like services on other roads. And the lands hereby granted, held, and reserved as aforesaid shall inure to the benefit of said company, as follows: When the governor of the State of Kansas shall certify that any company. section of ten consecutive miles of said road is completed in a good, substantial, and workmanlike manner as a first-class railroad, then the said Secretary of the Interior shall issue to the said company patents for so many sections of the land hereinbefore granted as lie opposite to and coterminous with the said completed sections. And when certificates of the governor, aforesaid, shall be presented to said Secretary, of the completion, as aforesaid, of each successive section of ten consecutive miles of said road, the said Secretary shall in like manner issue to said company patents for the said sections of said land as aforesaid for each of said If road does not sections of road until said road shall be completed: Provided, That if said railroad company or its assigns shall fail to complete at least one section of said road each year from the date of its acceptance of the grant provided for in this act, then its right to the lands for said section so failing of completion shall revert to the government of the United States: Provided further, That if said road is not completed completed in ten within ten years from the date of the acceptance of the grant herein-years, lands unpatented to rebefore made, the lands remaining unpatented shall revert to the United vert to the United States. complete one each year, the right to the lands section of road for said section is forfeited. If road is not States. When maps of withdrawn from SEC. 4. And be it further enacted, That as soon as the said company shall file with the Secretary of the Interior maps of its lines, designating route of road are the route thereof, it shall be the duty of the said Secretary to withdraw filed, lands to be from the market the lands granted by this act, in such manner as may be market. best calculated to effect the purposes of this act and subserve the public interest. SEC. 5. And be it further enacted, That the United States mail shall be transported on said road and its extension, under the direction of the Post Office Department, at such price as Congress may by law provide Provided, That until such price is fixed by law the Postmaster-General shall have power to fix the compensation. Mail to be car ried over road, price. and at what Right of way railroad com SEC. 6. And be it further enacted, That the right of way through the public lands be, and the same is hereby, granted to said Saint Joseph and granted to the Denver City Railroad Company, its successors and assigns, for the con- pany. struction of a railroad as proposed; and the right is hereby given to said Materials for corporation to take from the public lands adjacent to the line of said road construction of material for the construction thereof. Said way is granted to said rail- road. Grounds for road to the extent of one hundred feet in width on each side of said Extent of road where it may pass through the public domain; also all necessary grant. ground for station buildings, workshops, depots, machine-shops, switches, shops, &c. side-tracks, turn-tables, and water-stations. SEC. 7. And be it further enacted, That the acceptance of the terms, Acceptance of conditions, and impositions of this act by the said Saint Joseph and Denthis act to be in ver City Railroad Company shall be signified in writing, under the corwriting, and within six months. July 23, 1866. Act 1866, ch. 8. to limit act 1852, Vol. x. p. 149. porate seal of the said company, duly executed pursuant to the direction of CHAP. CCXIII. — An Act to regulate the Registering of Vessels. Be it enacted by the Senate and House of Representatives of the United States of America in Congress asembled, That the act approved on the tenth day of February, in the year one thousand eight hundred and sixtysix, entitled "An act to regulate the registering of vessels," shall not be deemed or construed to affect or limit the operation of the act approved on the twenty-third day of December, in the year one thousand eight hundred and fifty-two, entitled "An act authorizing the Secretary of the Treasury to issue registers to vessels in certain cases," but the same shall be in full force and effect, anything in the act first aforesaid to the contrary notwithstanding. APPROVED, July 23, 1866. July 23, 1866. CHAP. CCXIV. Leavenworth City Railroad -- -An Act to authorize the Construction of a Railroad through certain Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Leavenworth City Railroad Company be, and are hereby, authorized to construct a horse construct horse railway, with one or two tracks, through the military reservation from railway through Fort Leavenworth to the city of Leavenworth, Kansas, and take for the military reserva- accommodation of the said road, or the business thereof, a strip of land over may take land said reservation not exceeding twenty feet in width: Provided, That the tion; for road. location of said railroad through said reservation shall be on and along the Location of west side of the wagon road leading from the said city to the said fort, road. Company to and that the said company shall erect their own bridges and crossings, and erect own bridg- not be permitted to use those of the wagon road: And provided also, es and crossings. That whenever said strip of land shall cease to be used for the purposes Land granted, to revert if not of said railroad company or the accommodation of the business thereof, used for railroad the same shall revert to the United States; that this privilege shall be allowed as long as the Secretary of War shall, in his discretion, determine, and no longer. purposes. Privilege to cease at will of Secretary of War. APPROVED, July 23, 1866. July 23, 1866. CHAP. CCXV. An Act to amend the Acts approved August six, eighteen hundred and sixty-one, and July sixteen, eighteen hundred and sixty-two, establishing a Metropolitan Police in the District of Columbia, to increase the Efficiency thereof, and for other Purposes. 1861, ch. 62. Vol. xii. p. 320. of metropolitan Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the chief executive officer of the police shall hereafter be styled major; the present sergeants shall be called lieutenants; the roundsmen called sergeants, and the patrolmen called privates; and that, in addition to the officers and employés the commissioners of the metropolitan police, in the District of Columbia, are now authorized by law to appoint, the said commissioners be authorofficers and men ized to appoint one captain, who shall be the inspector of the force, command it in sickness or absence of the major, and perform such other duties as the said commissioners may direct; one clerk in the office of the major, who shall have charge of the records of the sanitary company, and Additional authorized. perform such other duties as the major, by direction or with the approval of the commissioners, may prescribe; twenty sergeants, and fifty patrolmen or privates. Fines, to whom of payment. SEC. 2. And be it further enacted, That the provisions of the sixth Authority and section of the act of July sixteen, eighteen hundred and sixty-two, author- jurisdiction of certain justices izing the selection of justices of the peace by the board of police, to of- of the peace. ficiate at the respective station-houses, be construed to provide for the Vol. xii. p. 580. hearing of all cases of offence against statutory, corporation, or common law, of which the said board is charged by law with the execution; and all fines imposed by any justice within either of the jurisdictions of the paid, and mode metropolitan police district shall be, by the justices imposing the same, paid into the hands of the treasurer of the board of police, on the first Thursday after the same shall have been collected, who shall duly receipt therefor, in duplicate, to the credit of the city or county within which the offence was committed; and such justice shall, in each case, return the original receipt to the treasurer of the same jurisdiction; and the treasurer of the police board shall pay over such sums monthly to the proper officers of said cities or county, upon proper receipts, except as hereinafter provided. SEC. 3. And be it further enacted, That from and after the expiration Licenses for of licenses already granted it shall be unlawful for any person or persons sale of intoxicat ing drinks. keeping an ordinary, restaurant, saloon, or other place where spirituous liquors are sold within the District of Columbia, to give, sell, or dispose of any intoxicating drinks without a license approved by the board of police; and hereafter no such license shall be considered legal by any of the authorities having jurisdiction within said district, until the same shall have been approved by the board of police and so certified by the secretary thereof under the office seal. Uniform of the SEC. 4. And be it further enacted, That the board of police shall provide specific rules for uniform clothing of the police force, which shall police. be procured by each of the members thereof respectively, strictly in conformity with such rules, at his own expense and risk, and he shall be removed from such force for not complying with such rules. of Property clerk police to have powers of notary public. Powers and duties. SEC. 5. And be it further enacted, That from and after the passage of this act the property clerk of the metropolitan police district shall be vested with all the powers now conferred by law upon notaries public in the District of Columbia. He may administer oaths and certify depositions which may be necessary to establish the ownership of any property or money lost, abandoned, or returned to him under the directions of the board of police, other than such as may be so returned as the proceeds of crime; and upon satisfactory evidence of such ownership he shall deliver the same to said owner, his heirs and legal representatives, and to him or them only, except it be proven impracticable for such owner, heirs, or representatives to appear, when the same may be delivered and receipted for upon such proof of ownership and the filing in the office of said property clerk, of a duly executed power of attorney from said owner or his heirs or legal representatives. And any property or money returned to the property clerk as the proceeds of crime, and which shall not be called for as evidence by any proceeding in the courts of the Dis- not called for as trict within one year from the date of such return, may, unless specially evidence within claimed by the owner within that time, be thereafter treated as other un- treated as abanclaimed, abandoned, or lost property or money, as provided in the act of doned. July sixteenth, eighteen hundred and sixty-two. Property or money, the pro ceeds of crime, one year, to be than money, SEC. 6. And be it further enacted, That where animals or articles of Animals, or property, other than money, are returned to the property clerk as the property other proceeds of crime, when shown by sufficient evidence to be necessary for when and how the current use of the owners and not for sale, (except perishable proper- may be placed in custody of the ty that may be delivered to the owner on ample security being taken by the committing magistrate for his appearance at the criminal court to owners. Perishable property. Large quanti ties of goods held for sale. Columbia with Bond. Sureties on prosecuted. lice, &c. amined. prosecute the case,) the board of police shall have power, in its discretion, to authorize the property clerk to place the same in the custody of such owners, upon sufficient bonds being given by said owner or owners in the sum of twice the value thereof, conditioned for the production of the same at any time within one year, when required for use in court as evidence in any proceeding thereon, in accordance with the provisions required by the act of July sixteenth, eighteen hundred and sixty-two. And in cases of large quantities of goods held for sale by the owners, that may come into the possession of the property clerk as the proceeds of crime, the same may be delivered to the said owner, his heirs or representatives, as provided in section five of this act, upon ample security to prosecute, except those of an estimated value of fifty dollars, which shall be retained by the property clerk until the discharge or conviction of the accused, as required by said act. No person to SEC. 7. And be it further enacted, That hereafter no person shall assume or prac- assume or practise the occupation of detective within the limits of the tise the оссираtion of detective District of Columbia who shall not first receive a specific appointment for in the District of that purpose, unless pursuing the detection of criminals as a private busiout specific apness outside of such authority, and not otherwise specifically authorized pointment there- by law. Any person so practising shall enter into bonds to the board of for, unless, &c. police with surety in the sum of not less than ten thousand dollars, to be approved by the board of police, for a faithful and correct return to said board, in such manner and at such times as the board of police shall direct, of all business transacted by such private detectives; and in each and every case of a forfeiture of such bond or bonds for failure to make such returns to said board as required, or for failure of persons accused by such bonded private detectives to appear to answer charges in bond, when to be court, it shall be the duty of the attorney of the United States for the said District to immediately prosecute the sureties thereon to the full extent of a recovery of the forfeitures. And it shall be the duty of any Detectives person prosecuting the business of a private detective, who may arrest a arresting persons for crime to carry person for crime, to bring the person arrested with all evidence of the them at once to alleged crime, including property or money which may become evidence, office of super- immediately to the office of the superintendent of police, or the nearest intendent of po- metropolitan police station, where the case shall undergo an examination Case to be ex- before the magistrate assigned thereto; and all laws or parts of laws that govern the metropolitan police in the matters of persons, property, or to police to apply money shall hereafter be applicable to said detectives, (or to persons practising as detectives, whatever other name they may assume,) who shall make like returns and dispositions thereof, as required by law and the rules of the board of police governing the metropolitan police force. When a private SEC. 8. And be it further enacted, That upon the execution of a pridetective's bond vate detective's bond, it shall be the duty of such private detectives to is executed, he shall report to report to the secretary of the Board of Police, who shall file such bond secretary of po- and record the name, age, description, nationality, and residence of said private detective; and it shall be unlawful for such detectives, or any member of the metropolitan police force, or for any and all other persons, to compromise a felony or any other unlawful act, or to participate in, assent to, aid, or assist any person suspected of crime to escape a full judicial examination by failing to give known facts or reasonable causes of suspicion, or withholding any information relative to the charge or susnot to be aided picion from the police magistrate or justice, or in any manner to receive to escape by any money, property, favor, or other compensation, from, or on account withholding inof, any person arrested or subject to arrest for any crime or supposed formation, &c. Money, &c. crime, or to permit any such person to go at large without due effort to secure an investigation of such supposed crime; and for any violation of the foregoing provisions of this section, or either of them, the said police, or private detective, or other person guilty thereof, shall be deemed as having compromised a felony, and be thereafter prolibited from acting as Laws relating to detectives. lice. Bond to be filed and record made. Felonies, &c. not to be compounded. Persons suspected of crime not to be received from those charged with crime. Penalty for violation hereof. |