Washington telegraph., 1856-11-26

ther restrictions than were imposed upon
the State of Arkansas by the act of Con-
gress donating the lands to the State.
The bill as here presented passed the
House by a large majority, and passed the
Senate on first reading, with the excep-
ton of the Swamp Land clause.
A BILL,
For AN ACT To amend An Act entitled
"An Act to aid IN tie construction OF
the Cairo and Fulton Railroad-Ap-
proued January 16, 1856.
WHEREAS, The Congress of the United
States, by virtue of "An act granting the
right of way and making a grant of lands
to the States of Arkansas and Missouri, to
aid in the construction of Railroad from
a point on the Mississippi, opposite the
mouth of the Ohio river, uid Little Rock
to the Texas boundary, near fulton IN Ar
kansas, with branches TO Fort Smith and
the Mississippi river, approved tcbrua-
ry 9Th, 1858, did make, TO the State OF
Arkansas, certain grants OF lands for the
purposes, and on conditions in said act spe-
cified Aad lchercaS, the Cairo and FHt-
ion RaIro ad Compdny, by authority OF
an act of rhe General AsseanbiyoE the State
of Arkansas, approved January Y, 1903,
did proceed to survey the line OF route OF
the Railroad conten plated by such act;
that is to say, from the South boundary OF
Missouri to the boundary line OF Texas
uia Little Rock: which survey was COM
pleted on the 18th day of September, 1854,
and duly reported to the President and
Directors Of said Company, and by them
adopted and approved, according to law,
by their resolutions of the 9th day of Dc
tober, 1854, whereby said line or route, So
surveyed and reported, was definitely fix
ed and established in conformity to said
survey: And pAereas, further, the Gene
raj Assembly of the State of Arkansas. did,
by virtue of the provisions of an act enti-
tied can act to aid in the construction of
the Cairo and Fulton Railroad, ,-appro-
we'd January 10th, 1855, adopt and con-
firm said line or route, as surveyed, estab-
lished and approved in conformity to said
act of Congress, and of sid General As
sembly, Heretofore enacted; THEREFORE,,
for the purpose Of giving force and effect
to the sa: recited Acts, according to the
true intent and meaning thereof =
SECTION /. BE 1t enacted by the Gene
rat Assembly of the State Of Arh;dnsas +;
That all the lands granted, or intended to
be granted to the State of Arkansas, by
virtue of the provisions OF the act OF Con-
gress aforesaid approved February 9th,
1858, which lie along and adjacent to the
route of said Cairo and Fulton Railroad
from the south boundary of Missouri to the
boundary line of Texas, as surveyed, loca-
ted, and established by said Company, and
approved and confirmed by the act of the
General Assembly of the State of Arkan-
sas aforesaid approved january l6, 1888,
and rc-afhrmed, and established by this
act-including all such lands as have been,
OF shall be select ed, under and by virtue
of provisions contained in said act Of Con-
oress, In lieu of such lands as have been
sold, or may have been otherwise appro-
priated by the United States, with all the
rights conferred by said act of Congress,
be, and the same are hereby granted, con-
yeyed and confirmed unto the said Cairo
and Fulton Railroad Company, as or
ganized under, and by virtue of the pro-
visions of the aforesaid act of January II,
1858, subject TO all the conditions, limita-
tions, and restrictions, contained in the act
of Congress aforesaid, and in the act of
Congress, entitled "An act for the relief of
settlers, on lands reserved for railroad pur-
poscs'-Approved March 27, 1851: Pro-
rided, That all costs and charges incident
to the selection, listing, control and sale of
said lands, shall be paid by said Company,
and no part thereof by said State Of Ar
kansas.
SEC. 2. Every person who, on the 9th
day of February, 1858, occupied, by resi-
dence and cultivation thereon, any tract
Of land comprised ii the grant made by
virtue Of, and under the provisions of said
acs OF Congress of February 9th, 1893, OF
any assignee lawfully holding under hiin,
may purchase from said Cairo and Fulton
Railroad Company, at two dollars and fifty
cents per acre, the legal subdivision oi
such land as shall include his residence
and actual improvement, Rot to exceed oDe
quarter section, By complying with s!ie FOL
lowing conditions:
SEC. ). Such claimant shall, within
three months after said lands are selected
and confirmed to said Company, and list
or plat thereof filed in the recorders office
in the county in which such lands may lie,
file with the Auditor of State, his own af-
fdavit, accompanied by the afidayits of
two disinterested freeholders of his coun-
ty, describing the land claimed, by legal
subdivisions, proving the fact of such oc-
cupancy, residence and cultivation upon
such legal subdivision, with view to ac-
tual cultivation and settlement, before the
day specified. Said Company may, by gi-
wing reasonable notice to such claimant,
appear before the Auditor and controvert
the facts set forth in such affidavits; and
the Auditor may swear witnesses, hear
proof, and for cause shown, set aside any
such claim: Prorided, That no such claim
shall be set aside, for misdescription, or