July 30, 1856. No. 1795.-AN ACT to authorize the entry of certain lands in the State of Iowa by Mrs. Caroline Newington. Vol. 11, p. 453. Mrs. Caroline Be it enacted, &c., That Mrs. Caroline Newington be and she is hereNewington au- by authorized to enter, at the proper land office, in the State of Iowa, thorized to enter the east half of section seven and the west half of section eight, in Iowa within six township ninety-six north of range nine west, situated in the State of Iowa, upon payment to the receiver of the proper land office one dollar and twenty-five cents per acre: Provided, That said entry shall be made within six months after the passage of this act. certain lands in months Feb. 16, 1857. No. 1796.—AN ACT for the relief of Martin Millett, of Iowa. Vol. 11, p. 496. Be it enacted, &c., That the preemption entry number twenty-nine Pre-emption thousand three hundred and forty, in the name of Martin Millett, which entry of Martin Millett confirm was allowed at the Dubuque land office, on the twenty-first February, eighteen hundred and fifty-five, and which includes the west half northeast quarter and east half northwest fractional quarter of section number eighteen, in township number ninety north, of range number six west, be and the same is hereby confirmed, and the Commissioner of the General Land Office is directed to cause a patent to be issued thereon. ed. No. 1797.-AN ACT for the relief of the Hungarian settlers upon certain tracts of land in Iowa, hitherto reserved from sale by order of the President, dated January twenty-two, eighteen hundred and fifty-five, Be it enacted, &c., That the right of preemption be, and the same hereby is, extended to all Hungarian settlers on that body of land reserved from sale or location by order of the President of the United States, dated January twenty-second, eighteen hundred and fifty-five, said lands being known and described as follows: northeast quarter of northwest quarter of section ten, township sixty-seven, range twentysix; east half of southeast quarter of section eleven, township sixtyseven, range twenty-six; east half of northeast quarter of section fourteen, township sixty-seven, range twenty-six; southwest quarter of southeast quarter of section fourteen, township sixty-seven, range twenty-six; east half of northeast quarter of section twenty-two, township sixty-seven, range twenty-six; southeast quarter of northeast quarter of section twenty-three, township sixty-seven, range twenty-six; west half of northeast quarter of section twenty-three, township sixty-seven, range twenty-six; west half of northwest quarter of section twenty-three, township sixty-seven, range twenty-six; north half of northeast quarter of section five, township sixty-eight, range twenty-six; east half of northwest quarter of section five, township sixty-eight, range twenty-six; east half of northeast quarter of section six, township sixty-nine, range twenty-six; northeast quarter of northwest quarter of section six, township sixty-nine, range twenty-six; southwest quarter of northwest quarter of section six, township sixtynine, range twenty-six; southeast quarter of section six, township sixty-nine, range twenty-six; west half of southwest quarter of section six, township sixty-nine, range twenty-six; northeast quarter of section seven, township sixty-nine, range twenty-six; northwest quarter of section seven, township sixty-nine, range twenty-six; southwest quarter of southeast quarter of section thirty-two, township sixty-nine, range twenty-six; northeast quarter of section one, township sixtyeight, range twenty-seven; northwest quarter of section one, township sixty-eight, range twenty-seven; northeast quarter of section two, township sixty-eight, range twenty-seven; northwest quarter of northeast quarter of section one, township sixty-nine, range twenty-seven; northeast quarter of southeast quarter of section one, township sixtynine, range twenty-seven; southeast quarter of southeast quarter of section one, township sixty-nine, range twenty-seven; northeast quarter of northeast quarter of section twelve, township sixty-nine, range twenty-seven; northeast quarter of northeast quarter of section thirty-six, township seventy, range twenty-seven; west half of northeast quarter of section thirty-six, township seventy, range twentyseven; northwest quarter of section thirty-six, township seventy, range twenty-seven; west half of southeast quarter of section thirty six, township seventy, range twenty-seven; north half of southwest quarter of section thirty-six, township seventy, range twenty-seven. as SEC. 2. And be it further enacted, That all such Hungarians entitled Rights to the right of preemption to the above-described lands by this act, against subse who may have gone on to said lands prior to January twenty-second, quent claimants. eighteen hundred and fifty-five, or since that time, and have continued to inhabit and improve the same, shall hold their claims, not exceeding one hundred and sixty acres to each preëmptor, against any other subsequent claimants whatever: Provided further, That said claimants Proviso. under settlement and cultivation made prior to January twenty-second, eighteen hundred and fifty-five, or prior to the passage of this act, shall make known their claims in writing to the register at Chariton within three months from the date of publication in said district, of notice to Time for maksaid claimants, of the privileges granted hereby, to be given by the ing known claims Commissioner of the General Land Office; and in all cases proof and and for proof and payment must be made at the land office aforesaid, within twelve payment. months from the date of publication of notice aforesaid. June 7, 1860. Vol. 12, p. 28. Fort Atkinson lands. No. 1798.-AN ACT for the relief of certain settlers in the State of Iowa. Be it enacted, &c., That the east half of section eight, section seventeen, and the east half of section eighteen, and section thirty-three, Lands heretosection thirty-four, the southwest quarter of section twenty-seven and fore reserved for the southeast quarter of section twenty-eight, in township ninety-six and an Indian north, of range nine west, in the State of Iowa, formerly reserved for agency, made Fort Atkinson and an Indian agency, and since released and aban- subject to the ordoned, as being no longer needed for public uses, shall be, and the dinary disposi same are hereby declared to be, subject to the ordinary disposition of the tion of the public public lands, in the same manner and on the same conditions as are provided by law, and that such persons as may have settled thereon prior to the passage of this act, and who would have been entitled to the right of preemption under the act of September four, eighteen hundred and fortyone, had the reservation not been made, shall be entitled to preempt their claims in accordance with the provisions of said act, by making proof, payment, and entry at the proper district office, within twelve months after its approval: Provided, That if two or more of such persons were actu- Proviso, ally residing upon the same quarter quarter section, or any smaller legal subdivision, at the date of the abandonment of said reservation, the same may be entered by them jointly: Provided further, That no declaratory statement shall be required of said settlers. (a) (a) See Nos. 1757, 1758, 1760, 1781, 1790, 1793, 1794, 1803, 1804, 1806. No. 1799.-AN ACT for the relief of Solomon Wadsworth. June 16, 1860. Vol. 12, p. 60. Land title confirmed and patent to issue to Be it enacted, &c., That the title of Solomon Wadsworth, of Clayton County, in the State of Iowa, be, and the same is hereby, confirmed to lots numbers two and three, in section number fifteen, in township number ninety-four north, of range three west, containing one hun- Solomon dred and thirty-four acres and eighty-four hundredths of an acre, in worth. said State of Iowa, and that a patent issue therefor, in accordance with the laws of the United States, upon the payment of one dollar and twenty-five cents per acre therefor into the proper land office of the United States. Wads March 2, 1861. The United Iowa certain No. 1800.-JOINT RESOLUTION to quiet title to lands in the State of Iowa. Resolved, &c., That all the title which the United States still retain in the tracts of land along the Des Moines River, and above the mouth of the Raccoon Fork thereof, in the State of Iowa, which have States releases to been certified to said State improperly by the Department of the Inte- land. rior, as part of the grant by act of Congress approved August eight, eighteen hundred and forty-six, and which is now held by bona-fide purchasers under the State of Iowa, be, and the same is hereby, relinquished to the State of Iowa. (a) (a) See. Nos. 1780, 1801, 1818, 1821, 1825. July 12, 1862. extended. be held. No. 1801.-AN ACT confirming a land claim in the State of Iowa, and for other purposes. Vol. 12, p. 543. Former grant Be it enacted, &c., That the grant of lands to the then Territory of the of lands to Iowa Iowa for the improvement of the Des Moines River, made by the act of August eight, eighteen hundred and forty-six, is hereby extended so as to include the alternate sections (designated by odd numbers) lying within five miles of said river, between the Raccoon Fork and the northLands how to ern boundary of said State; such lands are to be held and applied in accordance with the provisions of the original grant, except that the consent of Congress is hereby given to the application of a portion thereof to aid in the construction of the Keokuk, Fort Des Moines, and Minnesota Railroad, in accordance with the provisions of the act of the general assembly of the State of Iowa, approved March twenty-two, If any lands eighteen hundred and fifty-eight. (a) And if any of said lands shall have been dis- have been sold or otherwise disposed of by the United States before the posed of, equiva fent lands to be passage of this act, excepting those released by the United States to the given. grantees of the State of Iowa under the joint resolution of March second, eighteen hundred and sixty-two, the Secretary of the Interior is hereby directed to set apart an equal amount of lands within said State to be certified in lieu thereof: Provided, That if the said State shall have sold and conveyed any portion of the lands lying within the limits of this grant the title of which has proved invalid, any lands which shall be certified to said State in lieu thereof by virtue of the provisions of this act shall inure to, and be held as a trust fund for the benefit of, the person or persons respectively whose titles shall have failed as aforesaid. (b) Proviso. (a) See Nos. 1794, 1803, 1804, 1807, 1808, 1809, 1810, 1813, 1814, 1817, 1823, 1824, 1828. May 3, 1864. Vol. 13, p. 579. Williams. No, 1802.-AN ACT for the relief of Jesse Williams. Be it enacted, &c., That the Commissioner of the General Land Office Land patent to be directed to issue a patent to Jesse Williams, of Jefferson County, issue to Jesse Iowa, for the west half of the northwest quarter of section fifteen, township sixty-seven, north of range fifteen west, in the State of Iowa. Provided, however, That no rights acquired by other persons shall be effected by this act. Proviso. May 12, 1864. Vol. 13, p. 72. No. 1803.-AN ACT for a grant of lands to the State of Iowa, in alternate sections, to aid in the construction of a railroad in said State. Be it enacted, &c., That there be, and is hereby, granted to the to Iowa for a rail- State of Iowa, for the purpose of aiding in the construction of a railroad road from Sioux from Sioux City, in said State, to the south line of the State of MinneCity, to south line of State. sota, at such point as the said State of Iowa may select between the Big Sioux and the west fork of the Des Moines River; also to said State for For the McGre- the use and benefit of the McGregor Western Railroad Company, for the gor Western railpurpose of aiding in the construction of a railroad from a point at or near road. the foot of Main street, South McGregor, in said State, in a westerly direction, by the most practicable route, on or near the forty-third parallel of north latitude, until it shall intersect the said road running from Sioux City to the Minnesota State line, in the county of O'Brien, in said State, every alternate section of land designated by odd numbers for ten If any lands sections in width on each side of said roads; but, in case it shall appear granted have that the United States have, when the lines or routes of said roads are been before sold, definitely located, sold any section or any part thereof granted as aforemay be selected said, or that the right of preemption or homestead settlement has atin lieu thereof. &c., other lands tached 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 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 preemption 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 the State of Iowa for the uses and purposes aforesaid: Provided, That the lands so selected shall in no case be located more than twenty miles from the Limit of localines of said roads: Provided, further, That any and all lands heretofore tion. reserved to the United States by any act of Congress, or in any other Lands formerly manner by competent authority, for the purpose of aiding in any object of grantel, &c., exinternal improvement or other purpose whatever, be, and the same are cepted from this hereby, reserved and excepted from the operation of this act, except act, but right of so far as it may be found necessary to locate the routes of said roads through such reserved lands, in which case the right of way shall be granted, subject to the approval of the President of the United States. (a) way may be had. Proviso. SEC. 2. And be it further enacted, That the sections and parts of sec- Minimum price tions of land which by such grant shall remain to the United States of lands not within ten miles on each side of said roads shall not be sold for less than granted. double the minimum price of public lands when sold, nor shall any of said lands become subject to sale at private entry until the same shall When subject have been first offered at public sale to the highest bidder at or above to sale at private the minimum price as aforesaid: Provided, That actual bona-fide settlers entry under the preemption laws of the United States may, after due proof of Actual presettlement, improvement, and occupation, as now provided by law, pur- emption settlers, chase the same at the increased minimum price: And provided, also, and those under That settlers under the provisions of the homestead law, who comply te 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. (b) homestead SEC. 3. And be it further enacted, That the lands hereby granted shall Lands, how to be subject to the disposal of the legislature of Iowa, for the purposes be disposed of, aforesaid and no other. And the said railroads shall be, and remain, and for what pur public highways for the use of the Government of the United States, poses only. Roads to be free of all toll or other charges upon the transportation of any property public highways. or troops of the United States. SEC. 4. And be it further enacted, That the lands hereby granted shall Lands, how to be disposed of by said State, for the purpose aforesaid only, and in man- be disposed of. ner following, namely: When the governor of said State shall certify to the Secretary of the Interior that any section of ten consecutive miles of either of said roads is completed in a good, substantial, and workmanlike manner as a first-class railroad, then the Secretary of the Interior shall issue to the State, patents for one hundred sections of land for the benefit of the road having completed the ten consecutive miles as aforesaid. When the governor of said State shall certify that another section of ten consecutive miles shall have been completed as aforesaid, then the Secretary of the Interior shall issue patents to said State in like manner, for a like number; and when certificates of the completion of additional sections Patents to issue of ten consecutive miles of either of said roads are, from time to time, made for a hundred as aforesaid, additional sections of lands shall be patented as aforesaid, sections of land until said roads, or either of them, are completed, when the whole of the upon completion lands hereby granted shall be patented to the State for the uses afore- tive miles of said and none other: Provided, That if the said McGregor Western road. Railroad Company, or assigns, shall fail to complete at least twenty McGregor miles of its said road during each and every year from the date of its road to complete acceptance of the grant provided for in this act, then the State may re- twenty miles of sume said grant, and so dispose of the same as to secure the comple- its road annually. tion of a road on said line and upon such terms, within such time as of ten consecu Western Rail the State shall determine: Provided, further, That if the said roads are Lands to renot completed within ten years from their several acceptance of this vert to State ungrant, the said lands hereby granted and not patented shall revert to less roads are the State of Iowa for the purpose of securing the completion of the completed within ten years, &c. said roads within such time, not to exceed five years, and upon such terms as the State shall détermine: And provided, further, That said Not to be enlands shall not in any manner be disposed of or encumbered, except as cumbered, exthe same are patented under the provisions of this act; and should the cept, &c. State fail to complete said roads within five years after the ten years aforesaid, then the said lands undisposed of as aforesaid shall revert to the United States. SEC. 5. And be it further enacted, That as soon as the governor of said Secretary of State of Iowa shall file or cause to be filed with the Secretary of the Interior to withInterior maps designating the routes of said roads, then it shall be the draw lands, duty of the Secretary of the Interior to withdraw from market the when, &c. lands embraced within the provisions of this act. (a) Mails to be transported. SEC. 6. And be it further enacted, That the United States mail shall be transported on said roads and branch, under the direction of the Post-Office Department, at such price as Congress may by law provide: Pay, how de- Provided, That until such price is fixed by law the Postmaster-General termined. shall have power to fix the rate of compensation. June 2, 1864. Vol. 13, p. 95. The Mississip * (a) See Nos. 1794, 1801, 1804, 1807, 1808, 1809, 1810, 1813, 1814, 1817, 1823, 1824, 1828. No. 1804.-AN ACT to amend an act entitled "An act making a grant of land[s] to the State of Iowa, in alternate sections, to aid in the construction of certain railroads in said State," approved May fifteen, eighteen hundred and fifty-six. Be it enacted, &c., That the Mississippi and Missouri Railroad Compi and Missouri Railroad Compa- pany, a corporation established by the laws of the State of Iowa, and ny may change to which the said State granted a portion of the land grant mentioned location of part in the title of this act, to aid in the construction of a railroad from of line. cil Bluffs. Davenport to Council Bluffs in said State, may modify or change the location of the uncompleted portion of its line, as shown by the map thereof now on file in the General Land Office of the United States, so as to secure a better and more expeditious line for connection with the Iowa branch of the Union Pacific Railroad: Provided, nevertheless, That said New line to go new line, if located, shall in every case pass through the corporate through Des limits of the cities of Des Moines and Council Bluffs; and the right of Moines and Coun- way over the public lands of the United States is hereby granted to said railroad company for that purpose: Provided, That said line shall And Newton, pass through the town of Newton, in Jasper County or as near said if, &c. town as may be found practicable, and not further north of said town than the north line of section twenty-two, township eighty north, of range nineteen, according to the United States surveys, if the citizens of the county of Jasper shall first pay to said company the difference in cost, if any, between the line proposed by the company and the one contemplated by this proviso, including extra cost of right of way, if any, said difference in cost to be estimated by competent engineers to be selected by the parties. cation. Company to file SEC. 2. And be it further enacted, That whenever such new location map showing lo- shall have been established, the said railroad company shall file in the General Land Office at Washington a map, definitely showing such new Secretary of location; and the Secretary of the Interior shall cause to be certified and Interior to certi- conveyed to said company from time to time, as the road progresses, fy and convey lands to compa out of any public lands now belonging to the United States not sold, reny. served, or otherwise disposed of, or to which a preemption claim or right of homestead settlement has not attached, and on which a bona-fide settlement and improvement has not been made under color of title derived from the United States or from the State of Iowa, within six miles of such newly located line, an amount of land per mile equal to that originally authorized to be granted to aid in the construction of said road by the act to which this is an amendment; and if the amount of land granted by the original act to aid in the construction of said railse- road shall not be found within the limit of six miles from such line, then such selections may be made along such line within twenty miles thereof: Provided, That the said company shall not be entitled to, and shall not receive, any land under this grant which is situate within fifteen miles of the line of the Burlington and Missouri River Railroad, as indicated by the map of said road, now on file in the General Land Office. Limits of lections. Proviso. The Burlington River Railroad Company to receive lands. SEC. 3. And be it further enacted, That the Burlington and Missouri and Missouri River Railroad Company, a corporation organized under the laws of the State of Iowa, and to which said State granted a portion of the land grant mentioned in the title of this act to aid in the construction of a railroad from Burlington in said State to the Missouri River, shall be entitled to receive, and the Secretary of the Interior shall cause to be certified and conveyed to said company from time to time, as the road progresses, out of any public lands now belonging to the United States not sold, reserved, or otherwise disposed of, or to which a preemption claim or right of homestead settlement has not attached, and on which a bonafide settlement and improvement has not been made under color of title Limits of selec- derived from the United States or from the State of Iowa, within six miles of said road, as now located, an amount of land per mile equal to that mentioned in the act to which this is an amendment, as intended to aid in the construction of said road; and if the amount of tions. |