THIRTY-NINTH CONGRESS. Sess. I. Ch. 241. 1866. 237 Sec. 2. And be it further enacted, That the sections and parts of sec- Sectionsrs tions of land which by the aforesaid grant shall remain in the United lG**‘l;*’é‘8Sl:l:;’° States, within ten miles on each side of said road, shall not be sold for :,,m,b,S’ less than double the minimum price of public lands when sold, nor shall sold forlgssthun any of said lands become subject to sale at private entry until the same gggldmlulmum shall have been first offered at public sale to the highest bidder, at or to tie otfsred above the minimum price aforesaid: Provided, That actual bona fide set- iii P“l’ll° ¤“°· tlers under the pre-emption laws of the United States may, after due tlogémem undo, proof of settlement, improvement, and occupation, as now provided by pre-emprion law, purchase the same at the price fixed for said lands at the date of cféemgg Pl"' such settlement, improvement, and occupation: And provided also, That goohoro uodoo settlers under the provisions of the homestead act, who make their settle- the l¤<>m¤;¥°¤d ment after the passage of this act, and comply with the terms and require- 2;: ::3 BSEY ments of said act, shall be entitled, within the said limits of ten miles, to acres each? patents for an amount not exceeding eighty acres each. Sec. 3. And be it further enacted, That the grant of lands hereby This grant is made is upon condition that said company, after the construction of its 3i2g;";;;" °°“' road, shall keep it in repair and use, and that [it will] at all times be in ’ ` readiness to transport troops, munitions of war, supplies, and public stores Transportation upon its road for the government, when required to do so by any depart- of ?’°°Pti; *0 ment thereof, at the cost, charge, and expense of said company. And the gZv;3mem,_° lands hereby granted, held, and reserved as aforesaid shall inure to the ben- When mid how efit of said company, as follows: \Vhen the governor of the State of fw l“"ds "““`° . · . . . . 0 the benefit of Kansas shall certify that any section of ten consecutive miles of said road the c0mPgny_ is completed in a good, substantial, and workmanlike manner as a firstclass railroad, then the said Secretary of the Interior shall issue to the said company patents for so many sections of the land within the limits above named as are coterminous with said completed section hereinbefore granted; and when certificates of the governor aforesaid shall be presented to said Secretary, of the completion, as aforesaid, of each successive If roadis not section of ten consecutive miles of said road, the said Secretary shall in completed withlike manner issue to said company patents for the land for each of said igugznuiggzgnglg sections of road as in the first instance, until said road shall be completed: to nvm to the Provided, That if said road is not completed within ten years from the Wg? S¤**°¤- date of the acceptance of the grant hereinbefore made, the lands remain- to be°dl:;g;€§°gf ing unpatented shall revert to the United States: And provided further, orincumbered That the said lands shall not, in any manner, be disposed of or incum- :;ct‘°t;;mg;’¤’· bered by said company or its assigns, except as the same are patented under guts; P the provisions of this act. Ssc. 4. And be it further enacted, That as soon as said company shall _Lands to bs file with the Secretary of the Interior maps of its line, designating the ;::£:;‘;‘;“s(fo';’]“ route thereo£ it shall be the duty of the said Secretary to withdraw from oomopsm-o filed the market the lands granted by this act, in such manner as may be best calculated to eifect the purposes of this act. and subserve the public interest. Sec. 5. And be it further enacted, That the United States mail shall Mailsmbs be transported on said road and its extension, under the direction of the *‘:!”*P€'**zdg** Post Office Department, at such price as Congress may by law provide: légggregs y Provided, That until such price is Exed by law the Postmaster-General proviso, shall have power to fix the compensation. Sec. 6. And be it further enacted, That the right of way through the Right of way public lands be, and the same is hereby, granted to said Kansas and Neo- B""*”¥°d ’l“'°“Sl¤ . . . public lands. sho Valley Railroad Company, its successors and assigns, for the construction of a railroad as proposed; and the right is hereby given to said M"·*"l’§l M . . . . . construction corporation to take from the public lands adjacent to the imc of said road {mm adjacent material for the construction thereoti Said way is granted to said rail- lang?. road to the extent of one hundred feet in width on each side of said road gr£§l°"° °f where it may pass through the public domain; also all necessary ground Ground for for station buildings, workshops, depots, machine-shops, switches, side- z:ll°¤l>¤lld*¤S¤• tracks, turn-tables, and water·stations. '
