Page:United States Statutes at Large Volume 13.djvu/555

THIRTY-EIGHTH CONGRESS. Sess. II. Ch. 105. 1865. 527 law, purchase the same at the increased minimum price: And, provided, also, That settlers under the provisions of the homestead law, who comply Settlers under with the terms and requirements of said act, shall be entitled to patents h°m°°”“`d °°*· for an amount not exceeding eighty acres each, anything in this act to the contrary notwithstanding. Sec. 5. And be it further enacted, That the lands hereby granted shall Lands granted be subject to the disposal of the legislature of the State of Minnesota, for ggfggcdggggjgigrg the purposes aforesaid, and no other. And the said railroads and branches of Minnesota. shall be and remain public highways for the use of the government of the Railroads to be United States, free of all toll or other charges upon the transportation of P“bh° h'gh"*Y“· any property or troops of the United States. Sec. 6. And be it further enacted, That the lands hereby and hereto- Mode ofdis—- fore granted to said Territory or State of Minnesota shall be disposed of EEA? °f*h° by said state for the purposes aforesaid only, and in manner following, namely: When the governor of said state shall certify to the Secretary of the Interior that any section of ben consecutive miles of said road is completed in 2. good, substantial, and workmaulike manner, as a. first-class railroad, and the said secretary shall be satisfied that said state has complied in good faith with this requirement, the said Secretary of the Interior shall issue to the said state patents for all the lands granted and Patents toissue selected as aforesaid, not exceeding ten sections per mile, situated opposite £'8°":>f_;1Fg1‘; Sta?;: to and within a. limit of twenty miles of the line of said section of road ,0,,% am built, thus completed, extending along the whole length of said completed sec- &¤· tion of ten miles of road, and no further. And when the governor of said state sli°a1l certify to the Secretary of the Interior, and the secretary shall be satisied that another section of said road, ten consecutive miles in extent, connecting with the preceding section or with some other firstclass railroad, which may be at the time in successful operation, is completed as aforesaid, the said Secretary of the Interior shall issue to the said state patents for all the lands granted and situated opposite to and within the limit of twenty miles of the line of said completed section of road or roads, and extending the length of said section, and no further, not exceeding ten sections of land per mile for all that part of said 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 of any one of said roads and branches is completed in a. good, substantial, and workmanlike manner, as a Hrsnclass 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 Lands notre shall be granted or conveyed to said state under the provisions of this act be <=•>}w¤y¤d fw on account of the construction of any railroad or part thereof that has °°"°‘m r°°dS‘ been constructed under the provisions of any other act at the date of the passage of this act, and adopted as a part of the line of railroad provided for in this act: And provided, That nothing herein contained shall inter- Existing right, fere with any existing rights acquired under any law of congress hereto- not interfered fore enacted making grants of land to the State of Minnesota to aid in ""“h· the construction of railroads: And provided, further, That said lands, Lands not fg granted by this or prior acts, shall not in any manner be disposed of, ex- be disvmd of cept as the same are patented under the provisions of this act; and should ;§°§},°g§,£?;;1;t the state fail to complete any one of said roads or branches within eight when to m,,,,., years after the passage of this act, then the said lands undisposed of as to the U¤i¢e<1 aforesaid, granted on account of said road or branches, shall revert to the Sm°" United States. Sec. 7. And be it further enacted That as soon as the governor of the Lands to bg said State of Minnesota shall Hle or cause to be tiled with the Secretary withdrewn from