Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1863-03-24


crosses the Neosho, down said Neosho valley
to the point where the said first named road
enters the said Neosho valley; every alternate
section of land, designated by odd numbers,
for ten sections in width on each side OF said
road and each OF its branches. But in case
it shall appear that the United States have,
when the lines or routes of said roads and
branches are definitely fixed, sold any section
or any part thereof granted as aforesaid, or
that the right of presumption or homestead
settlement has attached to the same, or that
the same has been reserved by the 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 afore-
said, from the public lands of the United States
nearest to tiers of sections above specified, 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 appropria-
ted, or to which the rights of presumption or
homestead settlements have attached as afore-
said; which lands, thus indicated by odd num-
bers and selected by direction OF the secreta-
ry of the interior aforesaid, shall be held
by the state of Kansas for the use and pur-
pose aforesaid: Provided that the land to be
so.selected SHALL in no case, be located further
than twenty miles from the lines of said road
and branches Provided further, that the lands
hereby granted for and on account of said
road and branches Seyerally, shall be exclu-
sively applied in the construction of the same,
and for no other purpose whatever, and shall
be disposed of only as the work progresses
through the same, as in this act hereinafter
provided: Provided also, that no part of the
land granted by this act shall be applied to aid
in the construction of any railroad or part
thereof for the construction of which any pre-
vious grant of land or bonds may have been
made by congress And provided further,
that any and all lands heretofore reserved to
the United States, by any act of congress, or
in any other manner by competent authority,
for the purpose of aiding in any object of in
ternal Improvement, or for any other purpose
whatsoever, be and the same are hereby re-
served to the United States from the opera
tons OF this act, except SO far as it may be
found necessary to locate the routes of said
road and branches through such reserved lands
in which case the right of way only shall be
granted, subject to the approval Of the presi-
dent of the United States.
Sect. 2. Aud be it further enacted, that
the sections and parts of sections of land
which, by such grant, shall remain to the
United States within ten miles on each side of
less than double the minimum price of the
public lands when sold nor shall any of said
lands become subject to sale at private entry
until the same shall have been first offered at
public sale to the highest bidder, at or above
the increased minimum price as aforesaid ::
Provided, that actual and bona fide settlers
under the provisions Of the pre-cmption and
homestead laws of the United States NAV,
after due proof of settlement, Improvement,
cultivation, and occupation, as now provided
by law, purchase the same at the increased
minimum price aforesaid And provided also,
that settlers on any of said reserved sections
under the provisions of the homestead law,
who improve, occupy, and cultivate the same
for period of five years, and comply with
the several conditions and requirements of
said act, SHALL be entitled to patents for an
amount not exceeding eighty acres each, any
thing In this act to the contrary notwithstand-
ing.
Sect. 3. And be it further enacted, that the
said lands hereby granted to said state shall be
subject to the disposal of the legislature there.
of, for the purposes aforesaid, and no other ;
and the said railroads and branches shall be
and remain public highways, for the use ofthe
government of the United States, free from
all toll or other charge upon the transporta-
ton OF any property or troops of the United
States.
Sect. 4. And be it further enacted, that the
lands hereby granted to said state shall be dis
posed ofby said state only in manner follow
ing, that is to say: When the governor of
said state shall certify to the secretary of the
interior that any twenty consecutive miles of
either of said roads or branches is completed
in good, substantial, and work-man-like
manner as first class railroad, and the said
secretary shall be satisfied that said state has
complied in good faith with this requirement,
the said state may cause to be sold all the
lands granted as aforesaid situated opposite to
and within limit of ten miles of the line of
said section of road thus completed, extend
ing along the whole length Of said completed
section of twenty miles of road, and no fur
ther. And when the governor of said state
shall certify to the secretary of the interior,
and the secretary shall be satisfied thatanother
section of said road or branches, twenty con-
secutive miles in extent, connecting with the
preceding section, is completed as aforesaid,
the said state may cause to be sold all the
lands granted and situated opposite to and
within the limit of ten miles of the line of said
completed section of road, and extending the
length of said section, and so, from time to
time, until said road and branches are COM
pleted. And when the governor of said state
shall so certify, and the secretary of the inte-
riorshall be satisfied thatthe whole of said road
and branches and telegraph are completed in
good, substantial, and workmanlike manner, as
frstclass railroads and telegraph, the said state
may cause to be sold all the remaining lands
grantedand selected for the purposes indicated
in this act situatedwithln the said limits of twen
ty miles from the line thereof throughout the
entire length of said roads and branches
Provided, that if any part of said road and
branches is not completed within ten years
from the passage of this act, no further sale
shall be made, and the lands unsold shall re-
vert to the United States.
Sect. 5. And be it further enacted, that
the United States mail shall be transported
over said road and branches, under the direc-
ton of the post Office department, at such
price as congress may by law direct: Provid-
ed, that until such price is fixed by law, the
postmaster general shall have the power to
determine the same.
Approved, March 3, 1868.