Page:United States Statutes at Large Volume 14.djvu/283

THIRTY—NlNTH CONGRESS. Sicss. I. Ch. 262, 263. 1866. 253 Sec. 8. And be it further enacted, That the right of way for the con- Rrghtof way · · ‘ . · ., · for hwhways. struction of highways over public lands, not reserved for public uses,1s ·= hereby granted. Ssc. 9. And be it further enacted, That whenever, by priority of pos- Oigiershef to session, rights to the use of water for mining, agricultural, manufacturing, :‘;;t§f\;§€rSfor or other purposes, have vested and accrued, and the same are recognized mining, &c. to and acknowledged by the local customs, laws, and the decisions of courts, §€°;‘;,°:$g#*‘tE;‘; the possessors and owners of such vested rights shall be maintained and cgmismd dllch. protected in the same; and the right of way for the construction of es granted ditches and canals for the purposes aforesaid is hereby acknowledged and confirmed: Provided, however, That whenever, after the passage of this Damagesact, any person or persons shall, in the construction of any ditch or canal, injure or damage the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage. Sec. 10. And be it fitrtfzer enacted, That Wherever, prior to the pas-I 0“'¤°’*;°f sage of this act, upon the lands heretofore designated as mineral lands, ;,°;g;S;i;ns1auds which have been excluded from survey and sale, there have been home· designated as steads made by citizens of the United States, or persons who have de- ‘;v‘;:};f1“:{O";u1u_ clared their intention to become citizens, which homesteads have been abiémms of made, improved, and used for agricultural purposes, and upon which there gold, &¤· have have been no valuable mines of gold, silver, cinnabar, or copper discov- ::3} £;1_';?{1§:°` ered, and which are properly agricultural lands, the said settlers or own- the same, &c.; ers of such homesteads shall have a right of pre-emption thereto, and shall be entitled to purchase the same at the price of one dollar and twenty-five cents per acre, and in quantity not to exceed one hundred and or may take sixty-acres; or said parties may avail themselves of the provisions of the ;l;;;‘1S“S h°“‘°' act of Congress approved May twenty, eighteen hundred and sixty-two, 1862; 0h_ ·;5_ entitled "An act to secure homesteads to actual settlers on the public do- VCI Xii· P- 392- main," and acts amendatory thereof Sec. 11. And be it further enacted, That upon the survey of the lands 1 EPO? S¤{"Y» aforesaid, the Secretary of the Interior may designate and set apart such r?Q,ifr;iu;n£;g` portions of the said lands as are clearly agricultural lands, which lands be set apart and shall thereafter be subject to pre-emption and sale as other public lands “‘"fl° S“*?J“°° *° . • . . PTC BYHPIIOD KX1d of the United States, and subject to all the laws and regulations applica- sm, ble to the same. Approved, July 26, 1866. CHAP. CCLXIII. — An Act to authorize “The Chesapeake Ba and Potomac River July 26, 1866. Tidewater Canal Company " to enter the District of Columbia, am; extend their Canal to L"; the Anacostia River at any Point above Benning’s Bridge. Bc it enacted by the Senate and House of Representatives of the Gifted States of America in Congress assembled, That “The Chesapeake Bay TW Ulm/¤" and Potomac River Tidewater Canal Compa.ny," incorporated by the I3g{,§;;'y general assembly of the State of Maryland, at the January session there- may extend its of, eighteen hundred and sixty-six, by an act entitled "An act to incorpo- {;r‘}‘“°"s' rate the Chesapeake Bay and Potomac River Tide-water Canal Company," I ll ’ be, and the same are hereby, authorized to extend their canal from the point where it strikes the boundary line of the District of Columbia, thence in and through the said District to the Anacostia River at any point thereon above Benning’s bridge. Sec. 2. And be itfurtfzer enacted, That the said company are hereby maytake and authorized and empowered to take, purchase, and hold, for the purpose[s;] ll;g;‘;sQ;2P°tY£’ of this act, so much real estate and other property as shall be necessarily pyopgp cgnmucrequired for the proper construction of the extension aforesaid, and for ¤i<>¤ <>f¢Kt¢¤· the construction of all proper and convenient basins, locks, reservoirs, s‘°"’ &°' docks, and wharves, to be connected with said extension. And where the Proceedings said company shall not be able to procure such real estate by purchase "h°'°l*‘¤d °“¤‘