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Sec.

Sec. 352. Grant to new States.

365. (Continued.) 353. Selections and locations of lands

benefit of grant. Assent of States granted in last section.

to be given prior to July 1, 1874. 354. Grant of swamp and overflowed lands 366. Fees of land officers.

to certain States to aid in construc 367. Governors of States to report annution of levees, &c.

ally to Congress. 355. Secretary of Interior to make lists of 368. New States entitled to benefits of such lands for transmission to the

grant. governors of the States.

369. Nevada may select double-minimum 356. Legal subdivisions mostly wet and

lands not mineral. unfit for cultivation.

370. Selection of lands granted to Califor357. Indemnity to States where lands have

nia, &c. been sold by United States.

371. Selection of lands granted to Oregon, 358. Patents to issue for swamp lands to

&c. purchasers and locators prior to 372. Selections by Oregon confirmed except issuing of patents to States, &c.

when legally appropriated. 359. Selections of swamp and overflowed | 373. Locations in excess of quantity allands confirmed.

lowed, confirmed. 360. Swamp-land grants to Oregon and 374. Certain excess locations in WisconMinnesota.

sin confirmed. 361. Public lands not mineral granted to 375. Reissue of agricultural-college scrip.

each State for purpose of establish 376. Settlements before survey on sections ing agricultural colleges.

16 and 36, deficiencies thereof. 362. Agricultural-college scrip, to be is 377. Selections to supply deficiencies of sued, when.

school lands. 363. Proceeds of sales, how applied. As 378. Fee-simple to pass in all grants of signees of State to locate scrip.

land to States and Territories, when. May be located on offered lands or 379. Certain States to be paid 10 per cent. received from pre-emption settlers

on net proceeds of sales of public in payment for lands.

lands therein, &c. 364. Expenses of management, &c., to be 380. After deducting said 10 per cent., paid by States. "Moneys from sale

&c., residue to be divided among of land and scrip to be invested,

States of Union, how. To be apand interest applied to support of

plied as legislature may direct. college of agriculture and mechanic 381. Net proceeds of sales of public lands arts.

payable at the Treasury half-yearly, 365. Conditions of grant, assent of States.

to whom. Diminution of fund to be made up 382. Money due to be first applied to payby State. Annual interest to bo

ment of debts to United States. applied regularly. Funds to be ex 383. Length of continuation of this grant. pended for buildings. College to 384. Not less than $150,000 to be approbe furnished or moneys refunded to

priated annually for surveys. United States. Annual reports of 385. Amount due on State stocks held by colleges. Computation when

United States in trust, to be withdouble-minimum lands are selected.

held in case of default of principal States in rebellion not entitled to ) or interest.

SEC. 352. There is granted, for purposes of internal im- Grant to new provement, to each new Staté hereafter admitted into the States. Union, upon such admission, so much public land as, including the quantity that was granted to such State before its admission and while under a Territorial government, will make five hundred thousand acres.

5 Stat. 455; R. S. 2378. Foley v. Harrison, 15 How. 433; Shepley

v. Cowan, 1 Otto, 330. Patterson v. Saturn, 3 Saw Ć. c. 164.
Dall v. Meador, 16 Cal. 296; Van Valkenburg v. McCloud, 21 id.
330; Megerle v. Ashe, 27 id. 322; Bludworth 1. Lake, 33 id. 255.
9LO

129

section.

Selections and SEC. 353. The selections of lands; granted in the precedlocations of lands

sing section, shall be made within the limits of each State so granted in last

admitted into the Union, in such manner as the legislatures thereof, respectively, may direct; and such lands shall be located in parcels conformably to sectional divisions and subdivisions of not less than three hundred and twenty acres in any one location, on any public land not reserved from sale by law of Congress or by proclamation of the President. The locations may be made at any time after the public lands in any such new State have been surveyed according to law.

5 Stat. 455; R. S. 2379. Shepley v. Cowan, 1 Otto, 330. Patterson

v. Saturn, 3 Saw. C. C. 164. 4 Op. Att. Gen. 71. Dall v. Meador, 16 Cal. 296; Van Valkenburg v. McCloud, 21 id. 330; Terry v. Megerle, 24 id. 609; Megerle v. Ashe, 27 id. 322; Bludworth v. Lake, 33 id. 2.35; Farrish v. Coon, 40 id. 33; Hastings v. Jackson, 46 id. 234; Shepley v. Cowan, 52 Mo, 559. Decisions Sec. Int., Jan. 15, 1856 (1 Lester's L. L. 555); Nov. 10, 1856 (1 id. 507); April 20, 1859 (1 id. 568); Dec. 9, 1859 (1 id. 457); Sept. 26, 1871 (Copp's L. L. 446); Sept. 18, 1872 (id. 326, 446); Nov. 19, 1878 15 Copp's L. 0. 158). Cir. G. L. O., Feb. 21, 1846 (1 Lester's L.

L. 500); Aug. 6, 1847 (1 id. 501); Jan. 5, 1872 (Copp's L. L. 483). Grantof swamp Sec. 354. To enable the several States (but not including and overflowed lands to certain the States of Kansas, Nebraska, Nevada, and Colorado) to States to aid in construct the necessary levees and drains, to reclaim the levees, &c. swamp and overflowed lands therein-the whole of the swamp

and overflowed lands, made unfit thereby for cultivation, and remaining unsold on or after the twenty-eighth day of September, A. D. eighteen hundred and fifty, are granted and

belong to the several States respectively, in which said lands Proviso. are situated : Provided, however, That said grant of swamp

and overflowed lands, as to the State of California, Minnesota, and Oregon, is subject to the limitations, restrictions and conditions hereinafter named and specified, as applicable to said three last-named States, respectively.

9 Stat. 520; 12 id. 3; 18 id. 16; R. S. 2479. Railway Co. v. Fremont, 9 Wall. €9; Railway Co. r. Smith, 9 id. 95; Martin v. Marks, 7 Otto, 345; American Emigrant Co. 1. County of Adams, 10 id. 61; Same v. Wright Co., S. C., Dec. T. 1877, in manuscript. 9 Op. Att. Gen. 253; id. March 4, 1876, in manuscript. Dunklin v. Dist. Co. Ct., 23 Mo. 449; Railway Co. v. Smith, 40 id. 310; State v. Register, 48 id. 59; Foster v. Evans, 51 id. 39; Clarkson v. Buchannan, 53 id. 563; Campbell v. Wortman, 58 id. 258; Funkhouser v. Peck, 67 id. 20; Fletcher v. Pool, 20 Ark. 100; Branch v. Mitchell, 24 id. 432; Ringo r. Rotan, 29'id. 56; Kile v. Tubbs, 23 Cal. 431; Owens v. Jackson, 9 id, 322; Summers v. Dickinson, 9 id. 558; People v. Stratton, 25 id. 242, People v. Merrill, 26 id. 336 ; Kernan v. Griffith, 27 id. 87; Carder v. Baxter, 28 id. 99; Thornton v. Thompson, 28 id. 602; Hogar 1. Lucas, 29 id. 309; Keenan v. Griffith, 31 id. 462; Keenan v. Allen, 33 id. 542; Keenan v. Griffith, 34 id. 580; Kimball v. Reclamation Com’rs, 45 id. 344; Read 1. Caruthers, 47 id. 181; Wright v. Carpenter, 47 id 436; Savings Bank v. Hynes, 50 id. 195; Busch v. Donohue, 31 Mich. 481; Atty-Gen. v. Thomas, 31 id. 355; Boyce v. Slambaugh, 34 id. 348; State v. Hastings, 11 Wis. 448; Barrett v. Brooks, 21 Iowa, 144; Fremont Co. v. Railway Co., 22 id. 91; Railway Co. v. Brown, 40 id. 333; Page Co. v. Railway Co., 40 id. 520; Murphy v. Ewing, 22 Ind. 297; Edmondson v. Core, 62 id. 17; Supervisors v. State's Att'y, 31 Ills. 68; Gratham v. Atkins, 63 id. 359; Thompson v. Prince, 67 id. 281; Keller v. Brickley, 78 id. 133; Gaston v. Scott, 5 Oreg. 48. Decisions Sec. Int., Dec. 23, 1851 (1 Lester's L. L. 549); Nov. 20, 1855; June 21, 1856 (1 Lester's L. L. 555); Aug. 28, 1856; Jan. 17, 1859 (1 Lester's L. L. 567); July 23, 1859 (1 id. 570); Aug. 17,

1858; Feb. 8, 1860 ; April 25, 1862; June 27, 1862; June 1, 1871;
Nov. 11, 187:3 ; Dec. 9, 1874; July 9, 1875; Aug. 24, 1876, Sept.
9, 1876; May 5, 1877 (7 Copp's L. O. 63); Dec. 21, 1877 (4 id. 151);
June 28, 1880 17 id. 70). Decisions Com. G. L. Ó., Dec. 21, 1853
(1 Lester's L. L. 551); Jan. 19, 1874 (Copp's L. L. 473; 1 Copp's

1. 0.5). SEC. 355. It shall be the duty of the Secretary of the In- Secretary of the

Interior to make terior, to make accurate lists and plats of all such lands, and lists of such lands transmit the same to the governors of the several States in for transmission

11 to the governors which such lands may lie, and at the request of the governor of the States. of any State in which said swamp and overflowed lands may be, to cause patents to be issued to said State therefor, conveying to said State the fee-simple of said land.

The proceeds of said lands, whether from sale or by direct appropriation in kind, shall be applied exclusively, as far as necessary, to the reclaiming said lands, by means of levees and drains.

9 Stat. 519; R. S. 2480. Railway Co. v. Smith, 9 Wall. 95; French

v. Fyan, 3 Otto, 169; Martin v. Marks, 7 id. 345; American Emi.
grant Co. v. County of Adams, 10 id. 61. Railway Co. v. Smith,
40 Mo. 310; Clarkson v. Buchannan, 53 id. 563; Lockwood v. Rail-
way Co., 65 id. 233; Funkhouser v. Peck, 67 id. 20; Birch v. Gilles,
67 id. 102; Kernan r. Griffith, 27 Cal. 87; Busch' v. Donohue, 31
Mich. 481 ; Sta e v. Hastings, 11 Wis. 448; Thompson v. Pierce,
67 Ills. 281; Gaston v. Scott, 5 Oreg. 48; Barrett v. Brooks, 21
Iowa, 144; Fremont Co. v. Railway Co., 22 id. 91; Boynton 1.
Miller 22 id. 579; Kettner v. Story Co., 23 id. 35; Railway Co. v.
Brown, 40 id 333; Page Co. r. Railway Co., 40 id. 520. Decisions
Sec. Int., Dec. 23, 1831 (1 Lester's L. L. 549); July 7, 1855; Sept.
18, 1855 (1 Lester's L. L.553); Oct. 4, 1855 (lid. 553); Jan. 15, 1856
(l'id. 555); Dec. 19, 1857 (í id. 557); Oct. 24, 1858 (1 id. 562);
Jan. 17, 1859 (1 id. 567); April 20, 1859 (1 id. 568); May 21, 1859
(1 id. 569); June 25, 1859 (1 id. 569); Àug. 1, 1859 (1°id. 571);
April 25, 1862 ; June 27, 1862; April 19, 1877 (4 Copp's L. 0. 92);
May 5, 1877 (4 id. 63); Dec. 4, 1877; May 2, 1878 (5 Copp's L. O.
124); Jan. 6, 1879; Sept. 19, 1879; April 5, 1880 17 Copp's L. 0.
27). Decisions Com. G. L. O., Dec. 21, 1853(1 Lester's L. L. 551);
Jan. 22, 1858 (1 id. 559); Jan. 27, 1876 (2 Copp's L. 0. 180). Cir.
G. L. Ó., Nov. 21, 1850 (1 Lestér's L. L. 543; Zab. L. L. 317);
April 8, 1854; Feb. 11, 1056 (1 Lester's L. L. 545); Jan. 5, 1872

(Copp's L. L. 483); Jan. 15, 1874 (id. 472; 1 Copp's L. 0. 41). SEC. 356. In making out lists and plats of the lands afore-. Legal subdivis said all legal subdivisions, the greater part whereof is wet and unfit for chlo

+ ions mostly wet and unfit for cultivation, shall be included in said lists and tivation. plats, but when the greater part of a subdivision is not of that character, the whole of it shall be excluded therefrom.

9 Stat. 519; R. S. 2481. French v. Fyan, 3 Otto, 169; American Emi

grant Co. v. Adams Co., 10 id. 61. 11 Op. Att. Gen. 467; id. July
25, 1877, in manuscript. Fletcher v. Pool, 20 Ark. 100; Funk-
houser v. Peck, 67 Mo. 20; Keller v. Brickey, 78 Iils. 133; Owens
v. Jackson, 9 Cal. 322; Summers v. Dickinson, 9 id. 554; Carder

ter. 28 id. 99: Thornton v. Thompson. 28 id. 602: Harar v.
Lucas, 29 id, 309; Keenan v. Griffith, 31 id. 462; Keenan v. Allen,
33 id. 542; Keenan 1, Griffith, 34 id. 580; Taylor v. Uuderhill, 40
id. 471; Read v. Caruthers, 47 id. 181; Wright v. Carpenter, 47 id.
436. Decision Sec. Int., Oct. 13, 1876 (3 Copp's L. O. 119). De-
cisions Com. G. L. O., Dec. 21, 1853 (1 Lester's L. L. 551); Jan. 22,
1858 (1 id. 559); Jan. 27, 1876 (2 Copp's L. 0. 180). Cir. G. L.O.,
Nov. 21, 1850 (1 Lester's L. L. 543; Zab. L. L. 317); April 8, 1854;
Feb. 11, 1856 (1 Lester's L. L, 545'; Zab. L. L. 320); Jan. 15, 1874
(Copp's L. L. 472). Manual of Surveying Instructions (1 Léster's
. L. 718).

2. B

States wher

Indemnity to SEC. 357. Upon proof by the authorized agent of the lands have been

Ben State, before the Commissioner of the General Land Office,

ate, verore une vom sold by United that any of the lands purchased by any person from the States.

United States, prior to March third, eighteen hundred and fifty seven, were “swamp lands," within the true intent and meaning of the act entitled “An act to enable the State of Arkansas and other States to reclaim the swamp lands within their limits," approved September twenty-eight, eighteen hundred and fifty, the purchase money shall be paid over to the State wherein said land is situate; and when the lands have been located by warrant or scrip, the said State shall be authorized to locate a like quantity of any of the public lands subject to entry, at one dollar and twentyfive cents per acre, or less, and patents shall issue therefor. The decision of the Commissioner of the General Land Office shall be first approved by the Secretary of the Interior.

10 Stat. 634, 635; 11 id. 251; R. S. 2482. American Emigrant Co. v.

Adams Co., 10 Otto, 61. 11 Op. Att. Gen. 467; id. July 25, 1877, in manuscript. Fletcher v. Pool, 20 Ark. 100. Decisions Sec. Int., Júly 7, 1855 (Lester's L. L. 552); Jan. 14, 1856 (1 id. 554); Feb. 6. 1861; March 31, 1861; May 6, 1861; Ápril 25, 1862; March 12, 1863; April 23, 1866; Feb. 8, 1868; June 17, 1868; Feb. 2, 1874 (Copp's L. L. 480); May 2, 1878 (5 Copp's L. O. 124) June 6, 1878 15 id. 125); Dec. 9, 1878 (ó id. 9); April 6, 1880 ã'id. 28); June 28, 1880 (Ő id. 70).' Cir. G. L. O., March 18, 1872 (Copp's L. L. 479); Jan. 22, 1877; Aug. 12, 1878 (5 Copp's L. O. 173); Feb. 17,

1879 (7 id. 9). Patents to issue SEC. 358. The President of the United States shall cause for swamp lands to parchasers and patents to be issued to the purchaser or purchasers, locator locators prior to or locators, who made entries of the public lands claimed as issning of patents to States, &c. swamp lands, either with cash or land warrants, or scrip, or

ander any homestead or pre-emption laws prior to the issue Proviso. of patents to the State or States: Provided, That in all cases

where any State through its constituted authorities, may
have sold or disposed of any tract or tracts of land prior to
the entry sale or location of the same under the pre emp-
tion or other laws of the United States, no patent shall be
issued by the President for such tract or tracts of land, until
such State through its constituted authorities, shall release
its claim thereto in such form as shall be prescribed by the
Secretary of the Interior. In all cases where such State
did not within ninety days from the second day of March,
eighteen hundred and fifty-five, the date of an act entitled
"An act for the relief of purchasers and locators of swamp
and overflowed lands” through its constituted authorities,
return to the General Land Office of the United States, a
list of all the lands sold as aforesaid, together with the dates
of such sales and the names of the purchasers, the Presi.
dent shall issue patents to persons who made such entries
of the public lands so claimed as swamp land.

10 Stat. 634; R. S. 2483. Dale v. Turner, 34 Mich. 403. Decisions

Sec. Int., Nov. 18, 1856 (1 Lester's L. L. 556); Nov. 1, 1858 (1 id. 563). Decisions Com. G. L. O., Jan. 2, 1858 (1'Lester's L. L. 557);

May 5, 1874 (1 Copp's L. 0. 39). Selection of SEC. 359. All lands selected and reported to the General swamp and overflowed lands con. Land Office as swamp and overflowed land by the several firmed.

States entitled to the provisions of said act of September twenty-eight, eighteen hundred and fifty, prior to March third, A. D. eighteen hundred and fifty-seven, are. confirmed to said States respectively so far as the same remained vacant and unappropriated and not interfered with by an actual settlement under any law of the United States.

11 Stat. 251 ; R. S. 2484. Martin v. Marks, 7 Otto, 345. 11 Op. Att.

Gen. 467 ; id. July 25, 1877, in manuscript. Funkhouser v. Peck,
67 Mo. 20; Keenan r. Allen, 33 Cal. 542; Dale v. Turner, 34 Mich.
405; Davis v. Filer, 40 id. 310; Fremont Co. v. Railway Co., 22
Iowa, 91; American Emigrant Co. v. Railway Co., 47 id. 515;
Gratham v. Atkins, 63 Ills. 357 ; Smith v. Goodell, 66 id. 450. De-
cisions Sec. Int., Jan. 8, 1850 (1 Lester's L. L.558); Aug. 12, 1858
(1 id. 561); Nov. 1, 1858 (1 id. 563); Dec. 10, 1858 (1 id. 565); Feb.
8, 1860; March 26, 1861; May 2, 1878 (6 Copp's L. 0. 76); June

14, 1878. SEC. 360. The provisions of the act of Congress entitled Swamp-land

on totes grants to Oregon 66 An act to enable the State of Arkansas and other States

and Minnesota. to redeem” the swamp lands within their limits, approved September twenty-eight, A. D. eighteen hundred and fifty, extend to the States of Minnesota and Oregon: Provided, Proviso. That the grant shall not include any lands which the Government of the United States may have sold or disposed of under any law, enacted prior to March twelve, eighteen hundred and sixty, prior to the confirmation of title to be made under the authority of said act-and the selections to be made from lands already surveyed in each of the States last named, under the authority of the act aforesaid, shall have been made within two years from the adjournment of the legislature of each State, at its next session after the twelfth day of March, A. D. eighteen hundred and sixtyand as to all lands surveyed or to be surveyed, thereafter, within two years from such adjournment, at the next session after notice by the Secretary of the Interior to the governor of the State, that the surveys have been completed and confirmed.

12 Stat. 3; R. S. 2490. Gaston v. Scott, 5 Oreg. 47. Decisions Sec.

Int., Dec. 2, 1874 (Copp's L. L. 475); Sept. 9, 1876 (3 Copp's L.O.
99); Oct. 13, 1876 (3 id. 119); Dec. 2, 1876 (3 id. 172); Dec. 4, 1877
(4 id. 149); June 6, 1879 (5 id. 179); April 15, 1880 (7 id. 28); June

4, 1880 (1 id. 53). SEC. 361. There is granted to the several States, for the l'ublic lands,

not mineral, purposes hereinafter mentioned, an amount of public land, granted to each to be apportioned to each State a quantity equal to thirty State for purthousand acres for each Senator and Representative in Con- lishing agricul. gress to which the States are respectively entitled by the tural colleges. apportionment under the census of eighteen hundred and sixty: Provided, That no mineral lands shall be selected or Proviso. purchased under the provisions of this grant.

12 Stat. 503. Cir. G. L. O., May 4, 1863 (Zab. L. L. 445); July 20,

1875 (Copp's L. L. 486). SEC. 362. The land aforesaid, after being surveyed, shall Agricultural

college scrip to be be apportioned to the several States in sections or subdiviscos

ssued where ions of sections, not less than one quarter of a section; and there is no suffi.

cient offered land whenever there are public lands in a State subject to sale in any state to at private entry at one dollar and twenty-five cents per acre, satisfy the grant. the quantity to which said State shall be entitled shall be selected froin such lands within the limits of such State, and

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