Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1854-08-09

aver a the said railroad
| nv canal NJ oh the said lands
| lie shall desire 10 40 90, It may select, as pre-
emptor, all the lands so reserved at the inih'r
mum prices designated in the third section OF
this act, but the State must take up ana pay
| in cash for said lands within ten years from
The time when set apart by the Secretary Of 'he
| Interior, or otherwise its right to such OF them
as remain unscld shall be forfeited. But be
| fore the expiration of this period the State may
| sci! the lands thus reserved to individuals or
corporations: Prorided, That no title shall vest
in the purchaser until he presents to the receiv'
er in the proper land Office OF the United states
a certificate of purchase, duly authenticated
according to the law of the State from when ~
issues, and pay to said receiver, Tor the use
of the United States, the price herein hxed as
the price per acre for which the lands sha'i De
| sold; upon the issue Of the receipts for the
money and certificates, as aforesaid, the patent
shall be given in the manner now prescribed
by Law. Provided ho,cerer, That with the ex
| ception of the certificate aforesaid the land
shall be purchased or entered aud the title gwen
| according to The came forms and in the same
quantities now prescribed by the laws OF the
| United States.
SEC. 5. And be ii further enacted, That in the
! event of a difference between the Postmaster
General and The railroad company, as to the
compensation for carrying the mails OF the Y.
s the matter shall be settled by mutual agree
ment between the Postmaster General ana the
governor of the State in which such railroad
lies, aud that the benefit of this act can only De
claimed when the charter provides by sufhcient
forfeiturcs and penalties lin the opinion oil .he
Postmaster GENERALLY for forcing the railroad
company, or companies, to perform the said
award or when the end can be effected by con
kracts and pulations satisfactory to the fost
mastsr General.
(Eecs G and Z contain further provisions
relative to railroad grants, the time aud man
liner Of selling lands SO granted, &C.
SEC. 8. And be il further enacted, That any
free white person, who is the head of famiy
or who has arrived at the age of twenty ont
years, and is capable Of holding land undei
the laws of the State IN which The lands lie, oil
if thew lie in Territory, then any person who
is capable of acquiring a pre- emption under
the laws of the United States, shall, from and
after the passage of this act, be entitled to en-
ter one quarter section of vacant and unappro
priated public lands and no more, which may
at the time the application is made, be subject
to private entry, or quantity equal thereto
to be located in body, IN conformity VIII. th'
legal subdivisions of the public lands: Pro
pided. That lands coded by any Indian treaty
STIMULATING for the payment to such Indians o
The nett proceeds of the sales the ceded lands
shall not be subject tothe operations Of this
act, except at the graduated prices fixed there
SEC 9. And il be further enacted, That tn
person applying for the benefit of the eight
section OF this act shall, upon application t.
the register of The land Office in which he o
she is about to make such entry, make aftidayl
before the said register, that he or she Is In
head of family, or is twenty one years OF az
rand that such application Is made for his or he
exclusive use and benefit and those special
mentioned herein, and not directly or indirect
l,,E no or n q
persons whomsoever; and upon making the afi
davt as herein required, and filing i, with til
register, he or she shall ihereupon be rermi tie
to enter the quantity of land specified: Pyt
rided, ho,rerer, That no certificate shall be 81,
en- or patent issue therefor, until the expiratlo
of five years from the date OF such entry an
until the person or persons entitled to the Ian
so entered shall have paid for the same twent
five cents per acre. or if the lands have bee
in market more than twenty years, TIVE We an
. a half cents per acre; and ifa the expiration
such time, lie person making such entry, or,
he be dead, his widow, or, in case OF herdeat
his heirs or devisee or, in case OF wido
making such entry, her heirs or devisee,
It. case OF her death, shall prove by two credit
s witnesses that he. she or they have continue
to reside upon and cultivate said land, and sti
reside upon the same, then. in such case, h
~ she or they shall be entitled to patent, as
in other cases provided for by law: IToo'de
ali eighth section aud who are now settled upC
of lands subjee, to entry by this act, shall hc cut
IN tied 20 its benefits upon the expiration OF III
I'd ye rs from the dale of such set ement AZ
II. provided further, la case OF death OF both faith
II and mother, leaving an infant child or chlldi'
Id under twenty one years of age the right an
ne fee shall inure to the benefit of said infant chi
We or chi dren, and the executor or guardian ma
D. at any time wi hin two years alter The deaf
T. OF the surviving parent, aud in acc0fdar'
III with the laws of the Staie IN which such lane
70 are situated, sell said land and apply the pr
IS ceets Of the sale, thereof first for he paynel
IN of what may be dle for it to the United State
Id and the residue for the benefit Of said infant al
a no other purpose; aus the purchaser SHAH q
III quire the absolute title by the purchase, al
ic be entitled TO patent from the u s. And u
e. benefits of this and the preceding section
this act shall be extended to the settlers on u
4. public lands in california, upon payment OF OF
We dollar per acre
he SEC 10 And be il further enacted, That Il
en- register of the land office shall note all SUI
70 applications on the tract books and plats OF h
er Office aud keep register OF all such entire
e. and make return thereof TO the General Lar
Office together with the proof upon which TIN
n have been founded.
D. SEC. H. And be it further enucted, That al
as person who may have flied his or her aitd '
in of an intention to settle quarter section
I'd any time acquire tite thereto by paying The IL
ed graduated price for the same, as liked herei
al But no person or persons shall be allowed
Ill file declaration of intention to settle, for u
he purpose Of claiming the benefit Of the Prov
tie ions of this act, in regard to five years actn
e- settler en, after the State shall have purchase
" or taken as pre- -emptor, the class in which sa
IT, lands lie under the provisions of this act, u
as less the State, in regard to such lands, sht
to continue by act of its legislature the PRIV
mt leges herein granted to the actual settlers fol
ON period of five years: Prorided, ho~ecsy Tn
Oh the lands which may be taken 10y purchase
nd pre- emption by the State, as herein provide
he for the purposes OF railroads or cdndls shall n
di. be subject to entry at the price of the lands
led fixed in the hinlh section Of this act, unless
IA. settlement VAS commenced before the Ian
nd were taken by the State.
lu. ------ ---------
TO- Goryo AHEAD. There was sale of toy
sc- lots nj Old Fort Ksarney. Nebraska. an the
q. Of July. which amounted to 81 ATS. The
in tendence was large. and the bidding spirite
Be- SO says the Fremont county Journal.
,ut ---- ---
his 1--we are indebted TO an esteemed friend
,da Brunswick County for the following aDusi
ex anecdole. OF course We shall hold him r.
for ponsible for it's accuracy, which We doubt n
\ ; La,