Page:United States Statutes at Large Volume 13.djvu/101

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THIRTY—EIGHTH CONGRESS. Sess. T. Ch. 84. 1864. 73 numbers for ten sections in width on each side_of said roads ; but, in case it shall appear that the United States have, when the lines or routes of said roads are definitely located, sold any section or any part thereof U ;*':iYI:”;‘;l° granted as aforesaid, or that the right of preemption or homestead settle- {,9,;,; Sold, ment has attached to the same, or that the same has been reserved by the &c., other lands 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 specitied, 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 Limit of locano case be located more than twenty miles from the lines of said roads: 50**- Provided, further, That any and all lands heretofore reserved to the Lands formerly United States by any act of congress, or in any other manner by competent €*¤¤¢€<L &<>·i QP authority, for the purpose of aiding in any object of internal improvement gggtgimghgg or other purpose whatever, be, and the same are hereby, reserved and way may be had. excepted from the operation of this act, except 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. Sec. 2. And be it further enacted That the sections and parts of Minimum price sections of land which by such grant shall remain to the United States Of 13;*%* “°° within ten miles on each side of said roads shall not be sold for less than gun e ` 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 have been t W;‘°“tS“l?J°? first offered at public sale to the highest bidder at or above the minimum slag? a pma E price as aforesaid : Provided, That actual bona fide settlers under the Promo. preemption laws of the United States may, after due proof of settlement, _Actual preempimprovement, and Occupation, as now provided by law, purchase the same gpgesgmjhjéld at the increased minimum price: And provided, also, That settlers under hgmgstgad law, the provisions of the homestead law, who comply 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. Slcc. 3. And be it further enacted, That the lands hereby granted L,,.,ds_ how ,0 shall 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, ag? public highways for the use of the government of the United States, free p Rzads to bt of all toll or other charges upon the transportation of any property or public highways. troops of the United States. Sec. 4. And be it further enacted, That the lands hereby granted shall Lands, liow to be disposed of by said state, for the purposes aforesaid only, and in man- be d*$P°“d °£ ner following, namely: When the governor of said state shall certify to the Secretary of the Interior that any section of ten consecutive miles of either of said roads is completed in a good, substantial, and workmanlike manner as a firstrclass railroad, then the Secretary of the Interior shall issue to the state, patents for one hundred sections of land for the benefit _ of the road having completed the ten consecutive miles as aforesaid. When the governor of said state shall certify that another section of ten conseculive miles shall have been completed as aforesaid, then the Secretary of the Interior shall issue patents to said state in like manner, for a like f Patents *°i$¤¤¢ number ; and when certificates of the completion of additional sections of Sgtioggngignd ten consecutive miles of either of said roads are, from time to time, made upon completion as aforesaid, additional sections of lands shall be patented as aforesaid, %v;°:]5‘;‘$°“‘ until said roads, or either of them, are completed, when the whole of the mad, v01.. xm. PUB. — 7