a suitable person, or persons, who, in conjunction with such person or persons as may be appointed on behalf of the State of California for the same purpose, shall run and mark the boundary lines between the Territories of the United States and the State of California, commencing at the point of intersection of the forty-second degree of north latitude with the one hundred and twentieth degree of longitude west from Greenwich, and running south on the line of said one hundred and twentieth degree of west longitude until it intersects the thirty-ninth degree of north latitude; thence running in a straight line in a southeasterly direction to the river Colorado, at a point where it intersects the thirty-fifth degree of north latitude.

SEC. 2. And be it further enacted, That such landmarks shall be established at the said point of beginning, and at the other corners, and on the several lines of said boundary, as may be agreed upon by the President of the United States, or those acting under his authority, and the said State of California, or those acting under its authority: Provided, That the person, or persons, appointed and employed on the part and behalf of the State of California are to be paid by the said State: Provided further, That no person except a superintendent or commissioner shall be appointed or employed in this service by the United States but such as are required to make the necessary observations and surveys to. ascertain such line, and erect suitable monuments thereon, and make return of the same.

Approved, May 26, 1860.

No. 6 B.-An Act authorizing the "Domestic and Foreign Missionary Society of the Protestant Episcopal Church in the United States" to enter a certain tract of land in the State of Wisconsin.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the "Domestic and Foreign Missionary Society of the Protestant Episcopal Church in the United States" be, and is hereby, authorized to enter, at the rate of one dollar and twenty-five cents per acre, a certain tract of land known as the "Mission Farm," and numbered as lot number eighteen, on the east bank of Fox River, near Green Bay, State of Wisconsin, having a front on Fox River of six chains, and running eastwardly back from the river, between parallel lines, one hundred and fifty-four and sixty-nine hundredths chains, and containing ninety-two and eighty-one hundredths superficial acres. Approved, June 1, 1860.

No. 7 B.-An Act for the relief of certain settlers in the State of Iowa.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the east half of section eight, section seventeen and the east half of section eighteen, and section thirty-three, section thirty-four, the southwest quarter of section twentyseven, and the southeast quarter of section twenty-eight in township ninety-six north, of range nine west, in the State of Iowa, formerly re

served for Fort Atkinson and an Indian agency, and since released and abandoned, as being no longer needed for public uses, shall be, and the same are hereby declared to be, subject to the ordinary disposition of the 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 pre-emption under the act of September four, eighteen hundred and forty-one, 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 actually 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. Approved, June 7, 1860.

No. 8 B.-An Act for the relief of John W. Taylor and certain other assignees of pre-emption land locations.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all assignments of preemption bounty land warrant locations at any of the land offices in the United States, made in good faith since the nineteenth day of October, eighteen hundred and fifty-two, and prior to the twenty-first day of May, eighteen hundred and fifty-six, under instructions from the Commissioner of the General Land Office of the former date, be, and the same are hereby, declared valid; and the Secretary of the Interior is hereby authorized to cause patents to be issued in the name of the assignee in all such locations as now remain suspended and have not been patented. Approved, June 7, 1860.

No. 9 B.-An Act to amend an act entitled An act to define and regulate the Jurisdiction of the District Courts of the United States in California in regard to the survey and location of confirmed private land claims.†

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever the SurveyorGeneral of California shall, in compliance with the thirteenth section of an act entitled "An act to ascertain and settle [the] private land claims in the State of California," approved March three, eighteen hundred and fifty-one,‡ have caused any private land claim to be surveyed, and a plat to be made thereof, he shall give notice that the same has been done, and the plat and survey approved by him, by a publication once a week, for four weeks, in two newspapers, one published in the city of San Francisco, and one of which the place of publication is nearest the land, if the land is situated in the Northern District of California;

* Vol. I. No. 48.

†This act repealed, Sec. 8, No. 103 B.

Vol. I. No. 189.

and once a week, for four weeks, in two newspapers, one published in Los Angelos, and one of which the place of publication is nearest the land, if the land is situated in the Southern District of California; and until the expiration of such time, the survey and plat shall be retained in his office, subject to inspection.

SEC. 2. And be it further enacted, That the district courts of the United States for the Northern and Southern Districts of California are hereby authorized, upon the application of any party interested, to make an order, requiring any survey of a private land claim within their respective districts to be returned into the District Court for examination and adjudication, and on the receipt of said order, duly certified by the clerk of either of said courts, it shall be the duty of the SurveyorGeneral to transmit said survey and plat forthwith to the said court.

SEC. 3. And be it further enacted, That said order shall be granted by said courts on the application of any party whom the district courts, or the judges thereof in vacation, shall deem to have such interest in the survey and location of a land claim as to make it just and proper that he should be allowed to take testimony and to intervene for his interest therein; and if objections to the survey and locations shall be made on the part of the United States, the order to return the survey into court shall be made on the motion of the District Attorney, founded on sufficient affidavits; and if the application for such order is made by other parties claiming to be interested in, or that their rights are affected by, such survey and location, the court, or the judge in vacation, shall proceed summarily, on affidavits or otherwise, to inquire into the facts of such interest, and shall, in its discretion, determine whether the applicant has such an interest therein as, under the circumstances of the case, to make it proper that he should be heard in opposition to the survey, and shall grant or refuse the order to return the survey and location, as shall be just: Provided, however, That all parties claiming interest under pre-emption, settlement, or other right derived from the United States, shall not be permitted to intervene separately; but the rights and interests of said parties shall be represented by the District Attorney of the United States, intervening in the name of the United States, aided by counsel acting for said parties jointly, if they think proper to employ such counsel: And provided further, That before proceeding to take testimony, or to determine on the validity of any objection so made to the survey and location, as aforesaid, the said courts shall cause notice to be given, by public advertisement, or in some other form, to be prescribed by their rules, to all parties in interest, that objection has been made to such survey and location, and admonishing all parties in interest to intervene for the protection of such interest; and the said courts shall adopt rules providing for the prompt and summary decision of all controversies on surveys and locations that may arise under the provisions of this act.

SEC. 4. And be it further enacted, That when on the application or applications of the parties interested, as aforesaid, in said survey and location, the same shall be returned into court, the said parties may proceed to take testimony as to any matters necessary to show the true and proper location of the claim; such testimony to be taken in such manner, by deposition or otherwise, or by commission, as the court may direct, and, on hearing the allegations and proofs, the court shall render judgment thereon; and if, in its opinion, the location and survey are erroneous, it is hereby authorized to set aside and annul the same, or correct and modify it; and it is hereby made the duty of the Surveyor-General, on being served with a certified copy of the decree of said court, forthwith

to cause a new survey and location to be made, or to correct and reform the survey and location already made, so as to conform to the decree of the District Court, to whom it shall be returned for confirmation and approval. SEC. 5. And be it further enacted, That when, after publication as aforesaid, no application shall be made to the said court for the said order, or when said order has been refused, or when an order shall have been obtained as aforesaid, and when the District Court by its decree shall have finally approved said survey and location, or shall have reformed or modified the same, and determined the true location of the claim, it shall be the duty of the Surveyor-General to transmit, without delay, the plat or survey of the said claim to the General Land Office, and the patent for the land as surveyed shall forthwith be issued therefor, and no appeal shall be allowed from the order or decree as aforesaid of the said District Court, unless applied for within six months from the date of the decree of said district courts, but not afterwards; and the plat and survey so finally determined by publication, order, or decree, as the case may be, shall have the same effect and validity in law as if a patent for the land so surveyed had been issued by the United States.

SEC. 6. And be it further enacted, That all surveys and locations heretofore made and approved by the Surveyor-General of California, which have been returned into the said district courts, or either of them, or in which proceedings are now pending for the purpose of contesting or reforming the same, are hereby made subject to the provisions of this act, except that in the cases so returned or pending no publication shall be necessary on the part of the Surveyor-General.

SEC. 7. And be it further enacted, That for the performance of the duties imposed by this act, and the act entitled "An Act to ascertain and settle private land claims in the State of California, passed March third, eighteen hundred and fifty-one" there shall be allowed to the judges of the Northern and Southern Districts of Calfornia, as follows: To the Judge of the Northern District such a sum as will, when added to his fixed and permanent salary allowed by law and secured by him, make his compensation amount to the sum of six thousand dollars per annum, and such additional compensation to be computed from the first day of January, eighteen hundred and fifty-two; and to the judge of the Southern District such a sum as will, when added to his fixed and permanent salary allowed by law and received by him, make his compensation amount to the sum of thirty-five hundred dollars, such compensation to be computed and allowed from the date of his appointment to said office, and to continue each for and during the performance of the additional services required to be performed by this act, but not exceeding two years from and after the passage of this act.

SEC. 8. And be it further enacted, That all costs of surveys and publications, under the provisions of this act, shall be charged to and paid by the United States, and costs of litigation in the district courts shall abide the result thereof, and the court in its discretion may require security therefor.

SEC. 9. And be it further enacted, That all acts and parts of acts inconsistent with the provisions of this act are hereby repealed. Approved, June 14, 1860.

No. 10 B.-An Act to facilitate communication between the Atlantic and Pacific States by electric telegraph.

Be it enacted, &c., That * * * permission is hereby granted to the said parties to whom said contract may be awarded, or a majority of them, and their assigns, to use until the end of the said term,* such unoccupied public lands of the United States as may be necessary for the right of way and for the purpose of establishing stations for repairs along said line, not exceeding at any station one quarter-section of land, such stations not to exceed one in fifteen miles, on an average of the whole distance, unless said lands shall be required by the Government of the United States for railroad or other purposes: And provided, That no right to pre-empt any of said lands under the laws of the United States shall inure to said company, their agents, or servants, or to any other person or persons whatsoever.

* *

* * *

SEC. 2.† And be it further enacted, That the said contractors or their assigns * shall have the permanent right of way for the said line or lines, under, or over, any unappropriated public lands and waters in the said territories, by any route or routes which the said contractors may select, with the free use during the said term of such lands as may be necessary for the purpose of establishing stations for repairs along said line or lines, not exceeding, at any station, one quarter-section of land, such stations not to exceed one In fifteen miles on an average of the whole distance; but should any of said quarter-sections be deemed essential by the Government, or any company acting under its authority, for railroad purposes, the said contractors shall relinquish the occupancy of so much as may be necessary for the railroad, receiving an equal amount of land for like use in its stead.

Approved, June 16, 1860.

No. 11 B.-An Act to relinquish the title of the United States to certain lands occupied by the city of Baton Rouge, in Louisiana.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all the right, title, interest or claim of the United States, in and to the land occupied by the city of Baton Rouge, in the State of Louisiana, lying between Florida Street on the north, and the South Boulevard on the south, as shown by an original map of said city, on file in the office of the Clerk of the Sixth Judicial District Court of Louisiana, at East Baton Rouge, on the fourteenth of March, eighteen hundred and sixty, be, and the same is hereby relinquished to the Mayor and Council of the City of Baton Rouge, in trust for the several use and benefit of the owners of lots therein, according to their respective interests: Provided, This act shall only be construed as quitclaim on the part of the United States, and shall not affect the interests of third parties, nor preclude a judicial investigation in relation to the title to all or any portion of the lands hereby relinquished. Approved, June 16, 1860.

* Ten years.

†This section provides for a branch line to Oregon.