Page:United States Statutes at Large Volume 12.djvu/803

THIRTY—SEVENTH CONGRESS. Sess. III. Ch. 98. 1863. 778 land granted by this act shall be applied to aid in the construction of any T0 thet r¤¤<i¤ railroad or part thereof, for the construction of which any previous grant §:1f,'P:,}f,'Qd_l““d °° of land or bonds may have been made by Congress: And provided, further, That any and all lands heretofore reserved to the United States, by Certain lands any act of Congress, or in any other manner by competent authority, for ¤°° Within tm the purpose of aiding in any object of internal improvement, or for any act' other purpose whatsoever, be, and the same are hereby, reserved to the United States from the operations of this act, except so far as it may be found necessary to locate the routes of said road and branches through such reserved lands ; in which case the right of way only shall be granted, subject to the approval of the President of the United States. Sec. 2. And be it further enacted, That the sections and parts of sec- Sections i-e· tions of land which, by such grant, shall remain to the United States, g“l‘gg€S';°t**‘° within ten miles on each side of said road and branches, shall not be sold ,,0,:,1;,, be szkisfor for less than double the minimum price of the public lands when sold; lm than double nor shall any of said lands become subject to sale at private entry until gf_}’ce‘“‘“‘“"‘“‘ the same shall have been first offered at public sale to the highest bidder, MQ tb be wb_ at or above the increased minimum price, as aforesaid: Provided, That ject to private actual and bona tide settlers, under the provisions of the preemption and $::3% ‘;"*'l&? homestead laws of the United States, may, after due proof of settlement, me tg hl2i,;; improvement, cultivation, and occupation, as now provided by law, purchase bidderthe same, at the increased minimum price aforesaid: And provided, also, That settlers on any of said reserved sections, under the provisions of the Sj3l°*'S 9** *`°· homestead law, who improve, occupy, and cultivate the same for a. period mv °°°¤°°°` of five years, and comply with the several conditions and requirements of said act, shall be entitled to patents for an amount not exceeding eighty acres each, anything in this act to the contrary notwithstanding. Sec. 3. And be it further enacted, That the said lands hereby granted Lands granted to said State shall be subject to the disposal of the legislature thereoi for fly ‘"‘““ the purposes aforesaid, and no other; and the said railroads and branches P Rims Gm ,0 shall be and remain public highways, for the use of the Government of be public hightbe United States, free from all toll or other charge upon the transports.- ‘”Y$» &°- tion of any property or troops of the United States. Sec. 4. And be it further enacted, That the lands hereby granted to How lands said State shall be disposed of by said State only in manner following, **;,**3* be di¤P°¤¤d that is to say: when the governor of said State shall certify to the Sec- °' rotary of the Interior that any twenty consecutive miles of either of said ti UPN; ¢0mDl6· roads or branches is completed in a good, substantial, and workmanlike t;?,,;, cgggwb manner, as a first-class railroad, and the said Secretary shall be satisfied five miles of it that said State has complied in good faith with this requirement, the said 2;;*1 "" b“‘”°h~ State may cause to be sold all the lands granted as aforesaid situated opposite to and within a limit of ten miles of the line of said section of road thus completed, extending along the whole length of said completed section of twenty miles of road, and no further. And when the governor of said State shall certify to the Secretary of the Interior, and the Secretary Shall be satisfied, that another section of said roads or branches, twenty HUP",} °<>¤¤l>l{¤· consecutive miles in extent, connecting with the preceding section, is $,3,0;), j°f:,*;,,y completed as aforesaid, the said State may cause to be sold all the lands miles, &c. granted and situated opposite to and within the limit of ten miles of the line of said completed section of road, and extending the length of said section, 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 of said roads _Upon complet. mid branches and telegraph are completed in a good, substantial, and ::;*5 ‘gc·"h°° workmanlike manner, as first-class railroads and telegraph, the said State ’ may cause to be sold all the remaining lands granted and selected for the purposes indicated 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, Tl1at_if any part of said roads and branches is not