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ern terminus, by Hillsdale and Lansing, to some point on or near Traverse Bay, by an and alter its lo act entitled "An act making a grant of alternate sections of the public

cation.

Proviso.

Only

to aid in the con

railroad.

lands to the State of Michigan to aid in the construction of certain railroads in said State, and for other purposes," approved June three, eighteen hundred and fifty-six, be, and hereby is, empowered and authorized to change the northern terminus of its railroad from Traverse Bay to some point on or near the Straits of Mackinaw, in said State of Michigan, and to change the location of the incompleted portion of its railroad, so as to obtain the most direct and suitable practicable route from Saginaw River to the Straits of Mackinaw: Provided, That such change shall lessen the length of said line by rendering it more direct: And provided further, That no change in the location of said line of railroad shall have the effect or be construed to work any change in the land grant made to aid in the construction of said road: And provided also, That such new location shall be made within the limits of such land grant until the northern limit of said grant is passed.

lands SEC. 2. That only the lands embraced within the limits of the said within the origi: grant as the same was originally located under said act of Congress of nal location shall June three, eighteen hundred and fifty-six, shall pertain to said railroad, pertain to the railroad. or be applicable to aid in the building of the same, whether it be constructed on such new or improved location, or on the said original locaSuch lands tion. But all the lands within the limits of said grant now remaining shall be applied unsold, and of the character described and embraced in said act of Construction of the gress, whether heretofore listed and certified by the Commissioner of the Land Office as inuring under said grant or not, shall belong to and be applicable to aid in the construction of said railroad, whether built on said improved or said original location, and the said company, on completing its said railroad, or any portion thereof, within the time and in the manner required by law, namely, on or before June third, eighteen hundred and seventy-three, the time limited in the act of Congress of July third, eighteen hundred and sixty-six, on such new or improved line, shall be entitled to the same amount of said lands for each mile of said railroad so constructed as if the same had been built on the line originally located under said act: Provided, That said company shall not be entitled to any of said lands for that part of its said new or improved line situate to the northward of the limits of its said land grant, and between that point and the Straits of Mackinaw; but the right of way for said railroad over the public lands on its new or improved location is hereby granted. (a)

Proviso.

(a) See Nos. 526, 531, 535, 538, 539, 540, 542, 544, 545, 548, 552, 553, 567, 569, 573, 575, 593, 594.

April 20, 1871. No. 569.—AN ACT to enable the Houghton and Ontonagon Railroad Company to Vol. 17, p. 643. make a resurvey of its road.

their road.

Lands.

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Houghton and Be it enacted, &c., That the Houghton and Ontonagon Railroad ComOntonagon R. R. pany, a corporation organized and existing under the laws of the State Co. may resur- of Michigan, and upon which the said State, in pursuance of a joint vey and locate anew a part of resolution of Congress approved May twentieth, eighteen hundred and sixty-eight, has conferred the grants of land made to aid in the construction of a road from Marquette to Ontonagon, be authorized to make a resurvey and new location of that part of the line between Marquette and Ontonagon to be constructed by said company: Provided, That the said company shall be entitled to select and receive only its complement of lands for each mile of road constructed and completed, in the manner required by law, from the alternate odd-numbered sections of lands belonging to the United States and within the limits heretofore assigned Map of new to said line of road: Provided further, That on the completion of said survey a map of the new line shall be filed with the Commissioner of No lands for in the General Land Office: And provided further, That said company shall not be entitled to receive any lands for any increased length of the new line hereby authorized, and shall only be entitled to receive its lands Homestead coterminous with its line of road as completed: And provided, That and pre-emption nothing contained in this act shall be held to interfere with homestead rights. or preëmption rights under existing laws. (a)

line.

creased line.

(a) See Nos. 526, 531, 535, 538, 539, 540, 542, 544, 545, 548, 552, 553, 567, 568, 573, 575, 593, 594.

No. 570.-AN ACT extending the time for the completion of the Portage Lake and
Lake Superior ship canal.

March 27, 1872.

Vol. 17, p. 44.

Time for com·

Be it enacted, &c., That time for the completion of the Portage Lake and Lake Superior ship canal be, and the same is hereby, extended to pletion of Portthe third day of March, anno Domini eighteen hundred and seventythree. (a)

(a) See Nos. 543, 550, 556, 566, 579.

No. 571.-AN ACT to extend the time for the completion of the military road from
Fort Wilkins, at Copper Harbor, in the State of Michigan, to Fort Howard, at Green
Bay, in the State of Wisconsin.

age Lake and Lake Superior ship canal tended.

ex

April 24, 1872.
Vol. 17, p. 56.

Be it enacted, &c., That the time for the construction and completion Time for comof the military road from Fort Wilkins, at Copper Harbor, in the State pleting the miliof Michigan, to Fort Howard, at Green Bay, in the State of Wisconsin, Fort Wilkins to tary road from be, and the same is hereby, extended until the first day of January, Fort Howard exeighteen hundred and seventy-four.

tended, with

SEC. 2. That all the grants, rights, and privileges contained in the original rights, original grant be continued in full force and virtue for said time. (a)

(a) See Nos. 537, 541, 554, 560.

No. 572.-AN ACT to extend the time of payment for their lands by persons holding pre-emptions on the public lands in the States of Minnesota, Wisconsin, Michigan, and Territory of Dakota.

[See MINNESOTA, No. 1898. ]

&c.

May 9, 1872.
Vol. 17, p. 88.

No. 573.—AN ACT to authorize the Chicago and Northwestern Railway Company to change their projected line of railway in the State of Michigan.

part of its line of

May 23, 1872. Vol. 17, p. 160. Be it enacted, &c., That the Chicago and Northwestern Railway Com- Chicago and pany are hereby authorized to change and relocate that part of their Northwestern projected line of railway "from the city of Fond du Lac, in the State of Railway comWisconsin, northerly to Esconaba, in the State of Michigan," which lies pany may change in said State of Michigan, so as to run said line from "at or near the road. mouth of the Menomonee River to Esconaba," on such line within the limits of the land grant reserved for the use of said company, now on file in the office of the Commissioner of the General Land Office, as they may deem most advantageous, and shall cause a plat of their line, as relocated, to be filed in said office within six months of the passage of this act: Provided, That the grant of lands heretofore made to aid in the construction of said railroad shall not be increased or changed in any of lands not afrespect whatever by the change of line hereby authorized. (a)

(a) See Nos. 526, 531, 535, 538, 539, 540, 542, 544, 545, 548, 552, 553, 567, 568, 569, 575, 593, 594.

Former grants

fected.

No. 574.—AN ACT relative to homestead settlers burned out in the States of Min. nesota, Wisconsin, and Michigan.

June 8, 1872.
Vol. 17, p. 337.

[See MINNESOTA, No. 1900.]

June 10, 1872.
Vol. 17, p. 381.

Unsold lands of

reservation in

To be open to

No. 575.—AN ACT for the restoration to market of certain lands in Michigan. Be it enacted, &c., That all the lands remaining undisposed of in the reservation made for the Ottawa and Chippewa Indians of Michigan by the treaty of July thirty-first, eighteen hundred and fifty-five, shall the Ottawa, &c., be restored to market by proper notice, under direction of the Secretary Michigan to be of the Interior, as hereinafter provided. (a) restored to SEC. 2. That said unoccupied lands shall be open to homestead entry market. for six months from the passage of this act by Indians only of said homestead entry tribes who shall have not made selections or purchases under said by Indians only treaty, including such members of said tribes as have become of age for six months. since the expiration of the ten years named in the treaty; and any Indian so entitled shall be permitted to make his homestead entry at the local office within the six months aforesaid of not exceeding one hundred and sixty acres, or one quarter-section of minimum, or eighty acres of double minimum land, on making proper proof of his right under such rules as may be prescribed by the Secretary of the Interior: Pro

16 L O-VOL II

Collector of vided, That the collector of customs for the district in which said land customs to select is situated is hereby authorized, and it is made his duty to select for such minor children as would be entitled under this law as heirs of any Indian. (b)

for minor children, &c.

tlers on

B na-fide set- SEC. 3. That all actual, permanent, bona-fide settlers on any of said such lands who settled prior to the first day of January, eighteen hundred lands prior to and seventy-two, shall be entitled to enter either under the homestead titled to entry laws or to pay for at the minimum or double-minimum price, as the case entry, may be, not exceeding one hundred and sixty acres of the former or eighty acres of the latter class of land on making proof of his settlement and continued residence before the expiration of six months from the passage of this act.

&c.

Selections

by Indians, &c.,

them.

SEC. 4. That all selections by Indians heretofore made and regularly beretofore made reported and recognized as valid and proper by the Secretary of the to be patented to Interior and Commissioner of Indian Affairs, shall be patented to the respective Indians making the same; and all sales heretofore made and Sales regularly reported where the same are regular and not in conflict with such selecmade, &c., con- tions, or with any other valid adverse right, except of the United States, firmed, &c. are hereby confirmed, and patents shall issue thereon as in other cases

After six months, remaining lands to be restored to mar ket.

according to law.

SEC. 5. That immediately after the expiration of said six months, the secretary shall proceed to restore the remaining lands to market by public notice of not less than thirty days, and after such restoration they shall be subject to the general laws governing the disposition of Lands not to the public lands of the United States: Provided, That none of the lands be taken under herein mentioned shall be subject to or taken under any grant of lands land grants, &c. for public works or improvements, or by any railroad company. (a) See Nos. 584, 588.

(b) See Nos. 85, 197, 455, 467, 480, 503, 515, 526, 535, 574, 583, 584.

Jan. 24, 1873.
Vol. 17, p. 420.
Portion or the

gold.

Boundaries.

No. 576.—AN ACT to provide for the sale of a part of the light-house reservation at Fort Gratiot, Port Huron, in the State of Michigan.

Be it enacted, &c., That the Secretary of the Treasury be, and he is Fort Gratiot hereby, authorized to cause to be platted and sold at public auction so light-house res- much of the Fort Gratiot light-house reservation, at Port Huron, in ervation to be the State of Michigan, as is comprised within the following metes and bounds, to wit: Beginning at a point which is one thousand ninety-two and one-half feet north eighty degrees and forty-four minutes east (true) from monument number one of the survey of Fort Gratiot military reservation made by W. H. Hearding in April, eighteen hundred and fifty-nine, and the position of which is indicated upon the map of the same reservation made under the direction of Major O. M. Poe, corps of engineers, United States Army, in eighteen hundred and seventy; thence north nine degrees and sixteen minutes west (true) three thousand one hundred and thirty-five feet; thence north eighty degrees and forty-four minutes east (true) five hundred and thirty-two feet; thence south nine degrees and sixteen minutes east (true) one thousand one hundred and eighty-four feet; thence north eighty degrees and forty-four minutes east (true) to the shore of lake, to the place of beginning, save and except that right of way is expressly reserved over a strip of land sixty-six feet wide and extending in a direct line from the light-house tower, either in its present or any future position, to the present western boundary of the reservation; and that the subdivision of the same be made to correspond, as far as may be, to the plat of the village of Fort Gratiot; and that a record thereof be filed in the office of register of deeds for the county of Saint Clair; and Money re-that the money received for such lands be paid into the Treasury, except osived to be paid so much as may be necessary to repay the expenses of survey and into Treasury.

Record.

sale. (a)

(a) See Nos. 531, 533, 546, 551, 555, 558, 559, 578, 580, 594.

No. 577.-AN ACT in relation to mineral lands.

Feb. 18, 1873. Vol. 17, p. 465. Be it enacted, &c., That within the States hereinafter named deposits Mines of iron or mines of iron and coal be, and they are hereby, excluded from the and coal and operations of an act entitled "An act to promote the development of mineral lands in the mining resources of the United States," approved May tenth

MICHIGAN.

consin, not in

eighteen hundred and seventy-two, and said act shall not apply to the Michigan, Min-
mineral lands situate and being within the States of Michigan, Wis- nesota, and Wis-
consin, and Minnesota, and that said lands are hereby declared free and cluded in act of
open to exploration and purchase, according to the legal subdivisons 1872.
thereof, as before the passage of said act; and that any bona-fide entries
of such lands within said States, since the passage thereof, may be pat-
ented without reference to the provisions of said act. (a)

(a) See Nos. 458, 515, 518.

Bona-fide en. tries may be patented.

No. 578.-AN ACT to authorize the Secretary of War to survey, plat, and sell the present cemetery grounds upon the Fort Gratiot military reservation in Michigan, and for other purposes.

March 3, 1873.
Vol. 17, p. 620.

Portion of Fort

ted to Port Huron

of

Lots in new

Be it enacted, &c., That so much of the Fort Gratiot military reservation, in the State of Michigan, as has heretofore been granted to the Gratiot military city of Port Huron for a cemetery, shall be, upon the request of said reservation grancity, duly certified under the seal thereof, surveyed and platted into for a cemetery, to streets, blocks, and lots, under the direction of the Secretary of War, in be, upon request, conformity to the plat of that portion of said military reservation sur- surveyed and streets, &c., and sold at public rounding said cemetery, lately made by Major O. M. Poe, United States Platted into engineer, and now on file in the office of the register of deeds of Saint Clair County, and shall be sold under the direction of the Secretary of auction. War at public vendue, and the proceeds of such sale, after paying the Proceeds expenses of such survey and sale, shall be paid over to the city of Port sale. Huron, to be used by said city for the purchase or improvement, or both, of such lands as the city may acquire for another cemetery, and for removing the remains of those buried in the present to the new cemetery, and for such other purposes as may be necessary in the change cemetery. of burial places: Provided, That suitable and proper lots in the new cemetery shall be granted to those having lots in the present cemetery, with like improvements, or their value, to a reasonable extent, and that reinterments not otherwise provided for shall be made at the expense of said city, and that the city of Port Huron, shall hold such moneys in trust for the purposes herein specified, and for no other whatever; and conveyances of the blocks and lots sold by the Secre- Conveyances. tary of War, as herein provided for, shall be made to purchasers by the said Secretary of War under such rules and regulations as he shall prescribe, and the survey and plat, or a copy thereof, herein provided for, Survey and shall be recorded in the office of the register of deeds in Saint Clair plat to be recordCounty, and the same, or duly certified copies thereof, shall be evidence in all courts for all lawful purposes connected therewith: And, Majority of cit provided further, That said city shall obtain the consent of a majority of the citizens thereof, owning or occupying lots in said cemetery, to cemetery. such removal. (a)

(a) See Nos. 531, 533, 546, 551, 555, 558, 559, 576, 580, 594.

ed.

izens to consent to removal

of

No. 579.—AN ACT extending the time for the completion of the Portage Lake and March 3, 1873. Lake Superior ship canal.

Be it enacted, &c., That the time for the completion of the Portage Lake and Lake Superior ship canal be and the same is hereby extended to the first day of December, anno Domini eighteen hundred and seventythree. (a)

(a) See Nos. 543, 550, 556, 570.

Vol. 17, p. 627.

Time for completing the Port

age Lake and Lake Superior ship canal tended.

ex.

No. 580.—AN ACT authorizing the Secretary of War to grant a right of way across a corner of the Fort Gratiot military reservation to the city railroad company, Port Huron, Michigan.

Be it enacted, &c., That the Secretary of War be, and he is hereby, authorized, in his discretion, to grant a permit to the Port Huron City street railroad to lay and use a curved tract over the northwest corner of the Fort Gratiot military reservation, in a curve having a radius of fifty-four feet, and encroaching upon the reservation about fifteen feet from the angle. (a)

(a) See Nos. 531, 533, 546, 551, 555, 558, 559, 576, 578, 594.

June 18, 1874.
Vol. 18, p. 81.

Right of way to street railroad

over Fort Gratiot military reservation.

June 22, 1874.

No. 581.—AN ACT relinquishing the rights of the United States in certain landə in the State of Michigan.

Vol. 18, p. 198. Rights of UnitBe it enacted, &c., That all rights and title of the United States to the ed States to cer- middle ground or island in the Saginaw River, lying within the pretain land in Sag- scribed limits of fractional section five, in township thirteen north, of inaw River re- range five east, and sections twenty-nine and thirty-two, in township linquished to riparian owners. fourteen north, of range five east, in the State of Michigan, are hereby relinquished to the riparian owners respectively of the lands on the shores of said river in front of or opposite to said island, saving and Saving clause reserving to all persons or parties other than the United States any legal rights acquired therein: Provided, That this act shall not be construed or held to imply a claim of title on the part of the United States to said middle ground, but only as a relinquishment of any apparent right therein to the persons respectively to whom the lands on said Certain rights shores were patented, their heirs and assigns: Provided further, That nothing contained in this act shall be construed to affect in any manner the rights of Stephen Marston, one of the proprietors and occupants of said middle ground.

Proviso.

not affected.

March 3, 1875.
Vol. 18, p. 425.

Missionary Society of Methodist Episcopal Church.

No. 582.-AN ACT making appropriations for the current and contingent expenses of the Indian Department, and for fulfilling treaty stipulations with various Indian tribes, for the year ending June thirtieth, eighteen hundred and seventy-six, and for other purposes.

Be it enacted, &'c.,

That the Secretary of the Interior be, and he is hereby, authorized to issue to the Missionary Society of the Methodist Episcopal Church a patent for the southeast quarter of section nine, in township fourteen north, of range four west, situate in the State of Michigan, as per fourth article of treaty of October eighteenth, eighteen hundred and sixty-four.

[blocks in formation]

March 3, 1875. No. 583.-AN ACT to provide for the sale of the buildings and grounds known Vol. 18, p. 510. as the Detroit Arsenal, in the State of Michigan.

Detroit arsen

be sold.

Manner terms of sale.

and

Be it enacted, &c., That the Secretary of War be, and he is hereby, al, Michigan, to authorized and directed to transfer to the custody and control of the Secretary of the Interior, for sale for cash, according to the existing laws of the United States relating to the public lands, after appraisement, to the highest bidder, after giving not less than ninety days' notice of the time and place of such sale in three of the most prominent newspapers published in said State, and at not less than the appraised value, the buildings and grounds known as the Detroit Arsenal in the State of Michigan: (a) Provided, That the Secretary of the Interior shall cause the said property to be subdivided into tracts of not more than forty acres each, or into town lots with proper streets to render the same accessible: And provided further, That each subdivision, together with any buildings, building materials, or other property thereon shall be appraised and offered separately, at public outcry, to the highest bidder, and in case any subdivision or subdivisions shall remain unsold, the sale Postponement shall be postponed from time to time until the entire tract shall be disposed of as herein before provided. (b)

Subdivision of the property.

Subdivisions to be sold separately.

of sales.

(a) See Nos. 453, 468, 471, 479, 481, 501.

(b) See Nos. 85, 197, 455, 467, 480, 503, 515, 526, 535, 574, 575, 584.

March 3, 1875.
Vol. 18, p. 516.

No. 584.-AN ACT to amend the act entitled "An act for the restoration to homestead entry and to market of certain lands in Michigan," approved June tenth, eighteen hundred and seventy-two, and for other purposes.

Ottawa and Be it enacted, &c., That the act approved June tenth, eighteen hunChippewa tribes; dred and seventy-two, entitled "An act for the restoration to marcertain members ket of certain lands in Michigan," be, and hereby is, amended so as to to have patents. authorize the Secretary of the Interior to cause patents to be issued

to three hundred and twenty members of the Ottawa and Chippewa Indians of Michigan, for the selections found to have been made by them, but which were not, prior to the passage of said act, regularly reported and recognized by the Secretary of the Interior and CommisResidue of sioner of Indian Affairs; (a) and the remainder of said lands not dislands, disposal of. posed of, and not valuable mainly for pine timber, shall be subject to

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