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said State patents for all the lands granted and situated opposite to and Where the govwithin the limits of twenty miles of the line of said completed section of mor shall certiroad or roads, and extending the length of said section, and no further, tions are comand not exceeding ten sections of land per mile for all that part of said pleted; road thus completed under the provisions of this act and the act to which this is an amendment, and so, from time to time, until said roads and branches are completed. And when the governor of said State shall so certify, and the Secretary of the Interior shall be satisfied that the whole

that whole of any one of said roads and branches is completed in a good, substantial, and road is completworkinanlike manner, as a first-class railroad, the said Secretary of the Interior shall issue to the said State patents to all the remaining lands granted for and on account of said completed road and branches in this act, situated within the said limits of twenty miles from the line thereof, throughout the entire length of said road and branches: Provided, That no land shall be granted or conveyed to said States under the provisions Lands not to of this act on account of the construction of any railroad or part thereof be granted on that has been constructed under the provisions of any other act at the construction of date of the passage of this act, and adopted as a part of the line of rail- certain railroad provided for in this act : And provided, That nothing herein contained shall interfere with any existing rights acquired under any law of

Vested rights Congress heretofore enacted making grants of land to the said States of Missouri and Arkansas to aid in the construction of railroads: And pro- Lands when to vided further, That should said States or either of them fail to complete revert to the the roads herein recited within the time prescribed by this act, then the United States. lands undisposed of, as aforesaid, within the States so failing shall revert to the United States.

Sec. 6. And be it further enacted, That so soon as the governor of either of said States shall file or cause to be filed with the Secretary of are filed, lands the Interior maps designating the routes of said roads herein mentioned, from market then it shall be the duty of the Secretary of the Interior to withdraw from market the lands embraced within the provisions of this act.

Sec. 7. And be it further enacted, That nothing contained in this act Arkansas to shall be held as vesting in the State of Arkansas title to the lands herein have no title to recited for the trust purpose aforesaid, or authorizing said State to make

the granted any disposition of the same, until said State shall be restored in all re- lands until respects to its former relation to the national government and be repre

stored to former

relations. sented in the Congress of the United States.

APPROVED, July 4, 1866.

not affected.

When maps

or power over

CHAP. CLXVI. – An Act concerning certain Lands granted to the State of Nevada.

July 4, 1866. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the appropriation by the Appropriation constitution of the State of Nevada to educational purposes of the five by Nevada of hundred thousand acres of land granted to said State by the law of Sep- tional purposes tember fourth, eighteen hundred and forty-one, for purposes of internal coutirmed. improvement, is hereby approved and confirmed. SEC. 2. And be it further enacted, That land equal in amount to sev

Lands granted enty-two entire sections, for the establishment and maintenance of a uni- for a university; versity in said State, is hereby granted to the State of Nevada.

Sec. 3. And be it further enacted, That the grant made by law of the sec- for an agricul ond day of July, eighteen hundred and sixty-two, to each State, of land equal tural college to thirty thousand acres for each of its senators and representatives in Con- vol. 3. ch.130:

xii. p. 503 gress, is extended to the State of Nevada ; and the diversion of the proceeds Theory and of these lands in Nevada from the teaching of agriculture and mechanic practice of min. arts to that of the theory and practice of mining is allowed and authorized

ing may be

taught. without causing a forfeiture of said grant.

SEC. 4. And be it further enacted, That the President of the United States, by and with the advice and consent of the Senate, shall be, and he

VOL. XIV. PUB. -8

Sess.

. I.

Surveyor-gen- is hereby, authorized to appoint a surveyor-general for Nevada, who shall eral for Nevada. locate his office at such place as the Secretary of the Interior shall from office.

time to time direct, whose compensation shall be three thousand dollars Pay.

per annum, and whose duties, powers, obligations, responsibilities, and alDuties, &c. Allowances.

lowances for clerk hire, office rent, fuel and incidental expenses shall be the same as those of the surveyor-general of Oregon, under the direction of the Secretary of the Interior, and such instructions as he may from time to time deem it adyisable to give him.

Sec. 5. And be it further enacted, That in extending the surveys of Lines of sub- the public lands in the State of Nevada, the Secretary of the Interior divisions may be changed from

may, in his discretion, vary the lines of the subdivisions from a rectangurectangular. lar form, to suit the circumstances of the country; but in all cases lands

Mineral lands valuable for mines of gold, silver, quicksilver, or copper shall be reserved reserved.

from sale. Public lands

Sec. 6. And be it further enacted, That until the State of Nevada in the State not shall have received her full quota of lands named in the first, second, and to be subject to third sections of this act, the public lands in that State shall not be subthe State has her ject to entry, sale, or location under any law of the United States, or any full quota.

scrip or warrants issued in pursuance of any such law except the home1862, ch. 75. stead act of May twentieth, eighteen hundred and sixty-two, and acts Vol. xii. p. 392. amendatory thereto, and the acts granting and regulating pre-emptions,

but shall be reserved exclusively for entry by the said State for the pe

riod of two years after such survey shall have been made: Provided, Mode of se

That said State shall select said lands in her own name and right, in tracts lecting and disposing of lands of not less than forty acres, and dispose of the same in tracts not exceedby the State.

ing three hundred and twenty acres, only to actual settlers and bona fide City and town occupants: And provided further, That city and town property shall not property.

be subject to selection under this act : And provided further, That this Vested rights section shall not be construed to interfere with or impair rights heretofore not affected.

acquired under any law of Congress.

APPROVED, July 4, 1866.

July 4, 1866.

CHAP. CLXVII. - An Act granting Lands to the State of Oregon, to aid in the Con

struction of a Military Road from Corvallis to the Acquinna Bay.

Be it enacted by the Senate and House of Representatives of the United Lands granted States of America in Congress assembled, That there be, and is hereby, military road; * granted to the State of Oregon, to aid in the construction of a military

wagon road from the town of Corvallis to the Acquinna Bay, three alternate sections per mile from the unoccupied public lands, designated by

odd numbers, and not more than six miles from said road: Provided, how to be ap- That the lands hereby granted shall be exclusively applied in the conplied and dis

struction of said road, and shall be disposed of only as the work progresposed of.

ses; and the same shall be applied to no other purposes whatever : And Lands hereto- provided further, That any and all lands heretofore reserved to the United fore reserved not States by act of Congress, or other competent authority, be, and the same granted hereby

are, reserved from the operation of this act, except so far as it may be

necessary to locate the route of said road through the same, in which case Right of way.

the right of way is granted.

Sec. 2. And be it further enacted, That the said lands hereby granted Lands, how to be disposed of.

to said State shall be disposed of by the legislature thereof for Road to be a

the purpose aforesaid, and for no other; and the said road shall be and republic highway, main a public highway for the use of the government of the United Siates, and free to the free from tolls or other charges upon the transportation of any property, Uuited States.

troops, or mails of the United States. Construction Sec. 3. And be it further enacted, That said road shall be constructed

with such graduation and bridges as to permit of its regular use as a wagon road, and in such other special manner as the State of Oregon may prescribe.

of road.

Sec. 4. And be it further enacted, That the lands hereby granted to said State shall be disposed of only in the following manner, that is to say: be disposed of.

Lands, how to when the governor of said State shall certify to the Secretary of the Interior that any ten continuous miles of said road are completed, then a quantity of land hereby granted coterminous to said completed portion of Road to be said road, not to exceed thirty sections may be sold, and so from time to completed in time until said road is completed; and if said road is not completed within

five years; if

not, unsold lands five years, no further sales shall be made, and the land remaining unsold to revert. shall revert to the United States.

APPROVED, July 4, 1866.

CHAP. CLXVIII. - An Act making an additional Grant of Lands to the State of Min- July 4, 1866.

nesota, in alternate Sections, to aid in the Construction of Railroads 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 is hereby, granted to the State of Minnesota, for the purpose of aiding in the con- Additional struction of a railroad from Houston, in the county of Houston, through Srants of lands to the counties of Fillmore, Mower, Freeborn, and Faribault

, to the western railroads. boundary of the State ; and also for a railroad from Hastings, through the Description of counties of Dakota, Scott, Carver, and McLeod, to such point on the railroads. western boundary of the State as the legislature of the State may

determine, every alternate section of land designated by odd numbers to the amount of five alternate sections per mile on each side of said road ; but in case it shall appear that the United States have, when the lines or route of said roads are definitely located, sold any section, or part thereof, If lands have granted as aforesaid, or that the right of pre-emption or homestead settle- been disposed of, ment has attached to the same, or that the same has been reserved by the to be selected in United States for any purpose whatever, then it shall be the duty of the lieu thereof; Secretary of the Interior to cause to be selected, for the purposes aforesaid, from the public lands of the United States nearest to the 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 right of homestead settlement or pre-emption has attached as aforesaid, which lands, thus indicated by odd numbers and sections, by the direction of the Secretary of the Interior, shall be held by said State of Minnesota for the purposes and uses aforesaid : Provided, That the land so selected but within shall in no case be located more than twenty miles from the lines of said twenty miles of road: And provided further, That no land shall be granted or transferred the jurisdiction by the provisions of this act not included within the jurisdiction of the of Minnesota. State of Minnesota : And provided further, That any and all lands heretofore reserved to the United States by any act of Congress, or in any Reserved lands other manner by competent authority, for the purpose of aiding in any

not granted. object of internal improvement, or other purpose whatever, be, and the same are hereby, reserved and excepted from the operations of this act, except so far as it may be found necessary to locate the route of said road through such reserved lands, in which case the right of way shall be Right of way. granted, provided the United States has yet in possession the title thereto.

Sec. 2. And be it further enacted, That the sections and parts of sections of land which by such grant shall remain to the United States within ten miles on each side of said road shall not be sold for less than double

Price of lands

remaining to the the minimum price of public lands when sold, nor shall any of said lands United States. become subject to sale at private entry until the same shall have been first Lands to be offered at public sale to the highest bidder at or above the minimum price as

public sale. aforesaid : Provided, That actual bona fide settlers under the pre-emption Pre-emption laws of the United States may, after due proof of settlement, improve- settlers. ment, and occupation as now provided by law, purchase the same at the increased minimum price: And provided also, That settlers under the pro

Homestead settlers.

first offered at

When gov

visions of the homestead law who shall make entries after the passage of this act, upon the sections numbered by even numbers, and who comply with the terms and requirements of said act shall be entitled to patents for an amount not exceeding eighty acres each, anything in this act to the

contrary notwithstanding. Lands granted, Sec. 3. And be it further enacted, That the lands hereby granted shall how to be dis

be subject to the disposal of the legislature of Minnesota for the purposes posed of.

aforesaid and no other; and the said railroad shall be and remain public Railroads to highways for the use of the government of the United States, free of all be public high- toll or other charges upon the transportation of any property or troops of ways, and free to the United the United States, and the same shall at all times be transported at the States.

cost, charge, and expense in all respects of the company or corporation, or their successors or assigns, having or receiving the benefit of the land grants herein made.

SEC. 4. And be it further enacted, That the lands hereby granted shall Lands, how to be disposed of by said State for the purposes aforesaid only, and in manbe disposed of.

ner following, namely: When the governor of said State shall certify to ernor shall certi- the Secretary of the Interior that any section of ten consecutive miles of fy that a section said road is completed, in a good, substantial, and workmanlike manner, tive miles is as a first-class railroad, then the Secretary of the Interior shall issue to the eompleted; State patents for all the lands in alternate sections, or parts of sections,

designated by odd numbers, situated within twenty miles of the road so coinpleted and lying coterminous to said completed section of ten miles, and not

exceeding one hundred sections, for the benefit of the road having completed proviso; the ten consecutive miles as aforesaid : Provided, however, That the cotermi

nous principle hereby applied shall not extend to such lands as are taken by the said railroad companies to make up deficiencies, provided that no land to

make up such deficiencies shall be taken at any point within ten miles upthat another on each side of the line of said roads. When the governor of said State section of ten consecutive

shall certify that another section of ten consecutive miles shall have been miles is com- completed as aforesaid, then the Secretary of the Interior shall issue papleted; tents to said State in like manner for a like number; and when certificates

that additional sections are com

of the completion of additional sections of ten consecutive miles of said pleted; roads are from time to time made as aforesaid, additional sections of lands

that roads are shall be patented as aforesaid, until said roads are completed, when the completed.

Roads to be whole of the lands hereby granted shall be patented to the State for the completed in ten uses aforesaid, and none other: Provided, That if said roads are not comsold lands to re- pleted within ten years from the acceptance of this grant, the said lands vert to the United hereby granted and not patented shall revert to the United States States.

Sec. 5. And be it further enacted, That as soon as the governor of said are filed, lands State shall file or cause to be filed with the Secretary of the Interior granted hereby maps designating the routes of said roads, then it shall be the duty of the to be withdrawn Secretary of the Interior to withdraw from market the lands embraced

within the provisions of this act. Mail to be car- Sec. 6. And be it further enacted, That the United States mail shall ried over road, be transported on said road, under the direction of the Post Office Deprice. partment, 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 rate of compensation.

APPROVED, July 4, 1866.

When maps

July 4, 1866.

CHAP. CLXIX. An Act to provide for the Disposal of certain Lands therein named.

Be it enacted by the Senate and House of Representatives of the United

States of America in Congress assembled, That the Commissioner of the Unsold lots of Fort Howard General Land Office be, and he is hereby, authorized to cause to be offered Military reserve at public auction all the unsold lots of that portion of the public domain to be offered at

kr as the Fort Howard Military Reserve, which is ated public auction.

the county of Brown, and State of Wisconsin, giving not less than two months' notice of the time and place of such sale, by advertising the same

Notice of sale. in such newspapers and for such period of time as he may deem best. Every such lot shall be sold separately to the highest bidder for cash, and Mode of sale. when not paid for within twenty-four hours from the time of purchase, it shall be liable to be resold under the order of the Commissioner of the General Land Office aforesaid, at such reasonable minimum as may be fixed by the Secretary of the Iuterior, and no sale shall be binding until approved by that officer.

Sec. 2. And be it further enacted, That it shall be the duty of the Pres- Patents to igident to cause patents to be issued in due form of law for each and every

sue. such lot, as soon as may be after the purchase of and payment for the same.

APPROVED, July 4, 1866.

be hereby

CHAP. CLXXIV. - An Act granting Lands to the State

of Oregon, to aid in the Construc- July 5, 1866. tion of a Military Road from Albany, Oregon, to the Eastern Boundary of 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, Lands granted granted to the State of Oregon, to aid in the construction of a military wagon

to Oregon for

military wagon road from Albany, Oregon, by way of Canyon City, and the most feasible road. pass in Cascade range of mountains, to the eastern boundary of the State Route of road alternate sections of public lands, designated by odd numbers, three sections per mile, to be selected within six miles of said road: Provided, That ihe lands hereby granted shall be exclusively applied in the con- Lands granted,

how to be apstruction of said road, and shall be disposed of only as the work progresses ;

plied. and the same shall be applied to no other purpose whatever : And provided, further, That any and all lands heretofore reserved to the United Lands hereto

fore reserved, States by act of Congress or other competent authority be, and the same

not granted are, reserved from the operation of this act, except so far as it may necessary to locate the route of said road through the same, in which case Right of way. the right of way is granted, subject to the approval of the President of the United States. Sec. 2. And be it further enacted, That the said lands hereby granted Lands, how to

be disposed of. to said State shall be disposed of by the legislature thereof for the purpose aforesaid, and for no other; and the said road shall be and remain a

Roads to be public highway for the use of the government of the United States, free public highway, from tolls or other charge upon the transportation of any property, troops, and free to the

United States. or mails of the United States.

Sec. 3. And be it further enacted, That said road shall be constructed Construction with such width, graduation, and bridges, as to permit of its regular use of road. as a wagon road, and in such other special manner as the State of Oregon may prescribe.

SEC. 4. And be it further enacted, That the lands hereby granted to Lands, how to said State shall be disposed of only in the following manner, that is to say:

be disposed of. that when ten miles of said road shall be completed, a quantity of land not exceeding thirty sections for said road may be sold coterminous to said completed portion of said road; and when the governor of said State shall certify to the Secretary of the Interior that any ten continuous miles of said road are completed, then another quantity of land hereby granted, not to exceed thirty sections, may be sold, coterminous to said completed If road not portion of said road, and so from time to time until said road is completed ; completed in five and if said road is not completed within five years, no further sales shall sands to revert to be made, and the land remaining unsold shall revert to the United the United

States. States.

APPROVED, July 5, 1866.

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