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If Commission Commissioner that said certificate has been fairly obtained, according er of General to the true intent and meaning of this act, then, and in that case, patsatisfied, patents ents shall be issued for the land so located as in other cases; and for shan issue. each and every certificate as aforesaid, issued by the register of any land Register's fee. office, he shall receive the sum of one dollar; that in all cases of conWhen private firmation by this act, or where any private land claim has been connot been located, firmed by Congress, and the same, in whole or in part, has not been the certificate located or satisfied, either for want of a specific location prior to such may be located, confirmation, or for any reason whatsoever, other than a discovery of

land claim has

&c.

Proviso.

issue.

to

fraud in such claim subsequent to such confirmation, it shall be the duty of the surveyor general of the district in which such claim was situated, upon satisfactory proof that such claim has been so confirmed, and that the same, in whole or in part, remains unsatisfied, to issue to the claimant, or his legal representatives, a certificate of location for a quantity of land equal to that so confirmed and unsatisfied; which certificate may be located upon any of the public lands of the United States subject to sale at private entry, at a price not exceeding one dollar and twenty-five cents per acre: Provided, That such location shall conform to legal divisions and subdivisions.

Register to SEC 4. And be it further enacted, That the register of the proper land issue certificate, office, upon the location of such certificate, shall issue to the person and patent entitled thereto a certificate of entry, upon which, if it shall appear to the satisfaction of the Commissioner of the General Land Office that such certificate has been fairly obtained, according to the true intent and meaning of this act, a patent shall issue as in other cases. (b)

Feb. 28, 1859.
Vol. 11, p.888.

Assent of Con

lature of Mis

souri.

(a) See Nos. 722, 728, 957, 967, 972, 973, 974, 976, 980, 988, 998, 1002, 1007, 1020, 1024, 1041, 1063, 1067, 1104, 1106, 1107, 1124, 1139, 1143.

(b) See Nos. 957, 998, 1041, 1106, 1107.

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No. 1103.-AN ACT giving the assent of Congress to a law of the Missouri legislature for the application of the reserved two per cent. land fund of said State. Be it enacted, &c., That the assent of Congress be, and the same is gress given to an hereby, given to the act of the legislature of the State of Missouri, enact of the legis titled "An act supplemental to an act to amend 'An act to secure the completion of certain railroads in this State, and for other purposes,' approved on the nineteenth day of November, eighteen hundred and fifty-seven, appropriating the two per centum of the net proceeds of sales of public lands in said State, reserved by existing laws to be expended under the direction of Congress, but hereby relinquished to Accounts to be that State; and that the proper accounting officers of the Government are hereby authorized and required to audit and pay the accounts for the same, as in the case of the three per centum land fund of said State. (a)

audited, &c.

March 3, 1859.
Vol. 11, p. 442.

Operation of

Mis

(a) See Nos. 989, 993, 1015.

No. 1104.-A RESOLUTION in relation to the second section of the act of Congress entitled "An act to provide for the location of certain confirmed private land claims in the State of Missouri and for other purposes."

Resolved, &c., That the second section of the act of Congress, entitled act of 1858, con- "An act to provide for the location of certain confirmed private land cerning certain claims in the State of Missouri and for other purposes," approved June private land claims in second, eighteen hundred and fifty-eight, is hereby so suspended in its souri, in part sus. operation and effect until the end of the Thirty-sixth Congress, as that pended. no patent or patents shall be issued, nor shall any action be had by the executive branch or department of the Government, or any officer or agent thereof, under or by virtue of said section. (a)

June 1, 1860.
Vol. 12, p. 844.

Heirs, &c.. of
Thomas Maddin

(a) See Nos. 722, 728, 957, 967, 972, 973, 974, 976, 980, 988, 998, 1002, 1007, 1020, 1024, 1041, 1063, 1067, 1102, 1106, 1107, 1124, 1139, 1143.

No. 1105.-AN ACT to grant the right of preemption to a certain tract of land, in the State of Missouri, to the heirs and legal representatives of Thomas Maddin, de

ceased.

Be it enacted, &c., That the heirs and legal representatives of Thomas to enter certain Maddin, deceased, late of the State of Missouri, be, and they are hereby, land in Missouri. authorized to enter and purchase, at the price of one dollar and twentyfive cents per acre, a tract of land con taining eight hundred arpents, or six hundred and eighty acres and fifty-six hundredths, surveyed for the said Thomas Madden, in his own right, as per patent certificate of sur

vey number eighteen hundred and thirty-one, reported to the General Land Office by Surveyor-General Langham as having been surveyed on the sixteenth day of March, eighteen hundred and eighteen, and situated on the waters of Joachim Creek, in township forty-one north, of range five east, of the fifth principal meridian, in the county of Jefferson and State of Missouri.

SEC. 2. And be it further enacted, That the Commissioner of the Gen- Patents to issue eral Land Office be, and he is hereby, authorized and directed, upon the therefor. entry and payment aforesaid, to cause a patent, in due form of law, to be issued to the said heirs and legal representatives of the said Thomas Maddin, deceased, in conformity with the description given in patent certificate number ninety-two, as issued by Frederick Bates, then recorder in the office of "recorder of land titles" in Saint Louis, in the said State of Missouri, bearing date, at his said office, the first day of November, eighteen hundred and twenty-two, in which said certificate reference is made to the said tract of land, as having been confirmed to the said Thomas Madden, pursuant to the acts of Congress respecting claims to lands in the Territories of Orleans and Louisiana, and the Territory of Missouri, and as having been regularly surveyed on the sixteenth day of March, eighteen hundred and eighteen, and designated on the connected plat of United States surveys, in the United States surveyor general's office at Saint Louis, Missouri, as number eighteen hundred and thirty-one, and in which said patent certificate number ninetytwo it is certified that the said Thomas Maddin is entitled to receive a patent for the said tract of land, according to the said patent certificate of survey, as aforesaid, number eighteen hundred and thirty-one: Provided, however, That the right of preemption and purchase herein granted shall cease at the end of two years from the date of the passage of this act, and that the right and title of the United States in and to said land shall not be affected nor impaired by virtue of any of the provisions of this act in the event of the failure of the said heirs and legal representatives of Thomas Maddin to avail themselves of said right of preëmption and purchase within the said period of two years.

No. 1106.—AN ACT to confirm certain private land claims in the State of Missouri. .June 21, 1860. Vol. 12, p. 866. Be it enacted, &c., That the decisions in favor of certain claimants hereinafter mentioned, made by the recorder of land titles in the State, Certain private of Missouri, and the two commissioners associated with him, by virtue land claims in Missouri conof an act entitled "An act for the final adjustment of private land firmed. claims in Missouri," approved July nine, eighteen hundred and thirtytwo, and an act supplementary thereto, approved March two, eighteen hundred and thirty-three, as entered in the transcript of decisions transmitted by the recorder and commissioners to the Commissioner of the General Land Office, which decisions are named and numbered as follows, to wit: Israel Dodge, number two hundred and eighty-eight; Walter Fenwick, number three hundred and thirty-nine; and Mackey Wherry, number eighty-six; said claims having been by said board reported in the first class, and recommended for confirmation, be, and the same are hereby, confirmed to the respective claimants aforesaid, or their legal representatives, to the extent recommended by said recorder of land titles and commissioners, that is, to Israel Dodge, or his legal representatives, seven thousand and fifty-six arpens; to Walker Fenwick, or his legal representatives, ten thousand arpens; and to Mackey Wherry, or his legal representatives, sixteen hundred arpens. (a)

not be located.

SEC. 2. And be it further enacted, That, in case either of the claims Provision in confirmed by this act, or any part thereof, has not been located or sur- case claims have veyed, or cannot be located or satisfied, either for want of a specific not been and canlocation prior to this confirmation, or because the land upon which the same is located has been otherwise disposed of by the General Government, it shall be the duty of the surveyor-general of the district, upon proof satisfactory to him that such claim has been confirmed, and that the same, in whole or in part, has not and cannot be satisfied for the reasons aforesaid, or from any cause, to issue to the claimants, or their legal representatives, a certificate of location for a quantity of land equal to that so confirmed and unsatisfied, which certificate may be located upon any of the public lands of the United States subject to sale at private entry, at a price not exceeding one dollar and twenty-five cents per acre: Provided, That such location shall conform to the legal Proviso. divisions and subdivisions as provided by law.

Certificate of

SEC. 3. And be it further enacted, That the register of the proper land entry to issue, office, upon the location of such certificate, shall issue to the person

and patent.

entitled thereto a certificate of entry; upon which, if it shall appear to the satisfaction of the Commissioner of the General Land Office that such certificate has been fairly obtained, a patent shall issue as in other cases. (b)

(a) See Nos. 722, 728, 957, 967, 972, 973, 974, 976, 980, 988, 998, 1002, 1007, 1030, 1024, 1041, 1063, 1067, 1102, 1104, 1107, 1124, 1139, 1143.

(b) See Nos. 957, 998, 1041, 1102, 1107.

June 22, 1860.
Vol. 12, p. 85.

No. 1107.-AN ACT for the final adjustment of private land claims in the States of Florida, Louisiana, and Missouri, and for other purposes.

[See LOUISIANA, No. 957.]

Feb. 5, 1861.
Vol. 12, p. 282.

Land entry of

ston confirmed.

No. 1108.-AN ACT for the benefit of Gabriel J. Johnston.

Be it enacted, &c. That the entry made by Gabriel J. Johnston, of Jefferson County, Missouri, on the second day of November, eighteen Gabriel J. John hundred and twenty-nine, of the northeast quarter of section number eleven, in township number forty-one north, of range number foar east, in the district of lands subject to sale at Saint Louis, Missouri, be, and the same is hereby, confirmed and declared valid, notwithstanding said tract of land was at the time of entry reserved from sale as mineral lands. And the Commissioner of the General Land Office is hereby authorized and required to issue to said Gabriel J. Johnston a patent for said tract, as in ordinary cases of the entry of public lands subject to sale at private entry.

Title of the

SEC. 2. And be it further enacted, That this act shall not be construed United States on- to interfere with any existing rights of third persons, but shall only operate as a relinquishment of the title of the United States.

ly released.

March 2, 1861.
Vol. 12, p. 208.
United States

Louis.
Lands to be

sold.

No. 1109.-AN ACT to remove the United States arsenal from the city of Saint Louis, and to provide for the sale of the lands on which the same is located. Be it enacted, &c., That the Secretary of War be, and he is hereby, arsenal to be re- authorized and required to proceed at once to have the grounds now moved from St. used for the purposes of an arsenal, in the city of Saint Louis, laid off into blocks, according to the present plan of that portion of the city, and to have the same subdivided into lots of a convenient size, for building purposes, and subject the western unoccupied portion of the same to sale to the highest bidder, at public vendue, on such terms as to him may seem most advantageous, first giving sixty days' notice by advertisement in at least three newspapers, published in the city of Saint Louis, of the time, place, and terms of sale, with a description of Proceeds, how the property to be sold; the proceeds of such sale to be applied to the applied. erection at Jefferson Barracks, in the State of Missouri, of suitable buildings for containing all the tools, implements, machinery, arms, and materials now at said Saint Louis arsenal.

Arsenal,

racks.

&c.,

SEC. 2. And be it further enacted, That the Secretary of War be, and to be transferred hereby is, authorized, as soon as the buildings above provided for shall to Jefferson Bar- be in readiness for that purpose, to cause the business heretofore carried on at said Saint Louis arsenal to be transferred to the military reservation known as "Jefferson Barracks," in the county of Saint Louis, and State of Missouri, and also to cause all the tools, implements, machinery, arms, and materials now at said arsenal to be removed to said reservation.

Residue of

SEC. 3. And be it further enacted, That, as soon as possible after the lands in St. Louis removal of the arsenal from Saint Louis to Jefferson Barracks, the Secto be sold. retary of War shall sell, in the manner directed in the first section of this act, all the residue of the grounds attached to the said Saint Louis arsenal, and the buildings thereupon; the proceeds of such sale shali be paid into the United States Treasury. (a).

(a) See Nos. 1128, 1129.

No. 1110.-AN ACT legalizing certain entries of lands on Leavenworth Island, in the State of Missouri.

March 2, 1861.

Vol. 12, p. 209.

valid.

declared

Be it enacted, &c., That all preëmption entries heretofore made in good Certain entries faith at the land office at Kickapoo, in the Delaware land district, Kan- of land in Missas Territory, of lands embraced within the island opposite Leavenworth souri City, known as Leavenworth Island, in the State of Missouri, be, and the same are hereby, declared valid, in the same manner as if made in the proper land district of the State of Missouri: Provided, Such entries shall be found by the Secretary of the Interior, in all other respects, to be in accordance with the preemption law. (a)

(a) See Nos. 729, 981, 983, 997, 1007, 1009, 1010, 1020, 1028, 1083, 1086, 1096, 1115, 1120, 1121, 1135.

No. 1111.-JOINT RESOLUTION in relation to certain railroads in the State of
Missouri.

March 6, 1862.
Vol. 12, p. 614.

Whereas by the fourth section of an act of Congress entitled "An act Pay to certain granting the right of way to the State of Missouri, and a portion of the railroads in Mispublic lands to aid in the construction of certain railroads in said souri for transportation of State," approved June the tenth, eighteen hundred and fifty-two, it is troops, &c. provided as follows: "That the said lands, hereby granted to the said State, shall be subject to the disposal of the legislature thereof, for the purposes aforesaid and no other; and the said railroads shall be and remain public highways for the use of the Government of the United States, free from toll or other charge upon the transportation of any property or troops of the United States;" and whereas the said grant of lands has, by virtue of said act, and of an act of the legislature of the State of Missouri, been applied in the construction of the Hannibal and Saint Joseph Railroad, constructed and owned by the Hannibal and Saint Joseph Railroad Company, and the Pacific Railroad by the Pacific Railroad Company, which last-mentioned road is finished and running from St. Louis to Rolla; and whereas the ability of said railroad companies to transport the property and troops of the United States over their respective railroads has been greatly impaired by the destruction of bridges, depots, and other property of said companies, and the partial destruction of said roads, and in view of the pressing public necessities, the United States, not waiving the right to have their property and troops transported free from toll or other charge by said railroads, as contemplated by the reservation aforesaid, have resolved as follows: Therefore be it

Resolved, &c., That the Secretary of War is hereby authorized to make such an adjustment with the Hannibal and Saint Joseph Railroad Company and the Pacific Railroad Company, for the transportation, past and prospective, of the property and troops of the United States, over said railroads during the existence of this rebeilion, as in view of the public exigency may be just and reasonable, and liquidate the same: Pay not to exProvided, however, That the sums paid to said companies shall be as ceed, &c. near as may be the cost of transporting such property and troops, and not exceeding the prices fixed by the War Department on the twelfth day of July, eighteen hundred and sixty-one, for transportation by railroads, which adjustment and liquidation shall preclude any further claim on behalf of such companies against the Government for compensation or damages previously accrued, or for the military occupation of the said roads by the United States Government up to the time of the passage of this act: And provided further, That the withheld. Secretary of War may, in his discretion, withhold from time to time such portion of the moneys which may be due to either of said railroad companies, to indemnify the Government against any failure of such company to promptly transport such troops and supplies; but nothing herein shall be so construed as to prevent the Secretary of War from taking possession of said railroads and their appurtenances, and apply- be taken possesing the same to the exclusive use of the Government whenever, in his judgment, the public interests may require it, without, in such case, compensation to said companies. (a)

(a) See Nos. 1083, 1086, 1088, 1112, 1113, 1120, 1121, 1122, 1125, 1131, 1132, 1133, 1134, 1136,

Part may be

Railroads may

sion of.

June 5, 1862.

Vol. 12, p. 422.

Time for com

extended for ten years.

No. 1112.-AN ACT supplemental to "An act granting the right of way to the State of Missouri, and a portion of the public lands to aid in the construction of certain railroads in said State," approved June tenth, eighteen hundred and fifty

two.

Be it enacted, &c., That the time required by the act to which this is suppletion of road plemental, for the completion of the road therein described, "from the city of Saint Louis to such point on the western boundary of said State as may be designated by the authority of said State," as well as the time of reversion to the United States of the lands thereby granted to the State of Missouri for the use of said road, is hereby extended for ten years from the tenth day of June, eighteen hundred and sixty-two: If not com Provided, That in case said company fail to complete said road within pleted within the time as thus extended, the said lands shall then revert to the United that time, lands States. (a)

to revert.

(a) See Nos. 1083, 1086, 1088, 1111, 1113, 1120, 1121, 1122, 1125, 1131, 1132, 1133, 1134, 1136, 1152.

July 1, 1862. Vol. 12, p. 489.

June 15, 1864. Vol. 13, p. 132.

Certain school

Missouri.

No. 1113-AN ACT to aid in the construction of a railroad and telegraph line from the Missouri River to the Pacific Ocean, and to secure to the Government the use of the same for postal, military, and other purposes.

[See NEBRASKA, No. 2092.]

No. 1114.-AN ACT concerning certain school lands in township forty-five north, range seven east, in the State of Missouri.

Be it enacted, &c., That all of the right, title, and interest of the United lands granted to States in and to all of the lots, tracts, pieces, and parcels of land within the Grand Prairie common-field, in township forty-five north of the base line, in range seven east of the fifth principal meridian line in the State of Missouri, which have not heretofore been disposed of by the United States, shall be, and the same are hereby, granted, relinquished, and conveyed by the United States, in fee-simple and in full property, to the State of Missouri, for the support of schools in said township: Provided, That nothing in this act shall in any manner abridge, divest, impair, injure, or prejudice any adverse right, title, or Adverse rights interest of any person or persons in or to any portion or part of the aforesaid lots, tracts, pieces, or parcels of land which are granted, relinquished, or conveyed by this act. (a)

not affected.

(a) See Nos. 972, 988, 989, 995, 1013, 1016, 1093, 1142, 1145.

souri confirmed.

June 20, 1864. No. 1115.-AN ACT to confirm certain entries of land in the State of Missouri. Vol. 13, p. 143. Be it enacted, &c., That all entries heretofore made under the gradua Certain entries tion act of August fourth, eighteen hundred and fifty-four, in township of land in Mis- forty-five north, of range nine west, south of Missouri River, in the district of land subject to sale at St. Louis, Missouri, shall be, and are hereby, confirmed: Provided, however, That this act shall not extend to any entry of land aforesaid upon which there was an actual settler other than the purchaser at the date of such entry, and that it shall first be shown to the satisfaction of the Secretary of the Interior that the entry has been made in good faith, and is founded upon actual settlement and cultivation, or is for the use of an adjoining farm: Provided, further, That the lands shall be paid for in money, or in land warrants, to the amount of one dollar and twenty-five cents per acre. (a)

(a) See Nos. 729, 981, 983, 997, 1007, 1009, 1010, 1020, 1028, 1083, 1086, 1096, 1110, 1120, 1121, 1135.

June 30, 1864. No. 1116.—AN ACT concerning certain locations of lands in the State of Missouri. Vol. 13, p. 581. Be it enacted, &c., That all of the right, title, and interest of the United The interest of States in and to all of the lands within the respective boundaries of the in certain lands following-described locations in township forty-five north, of the base in Missouri line, in range seven east, of the fifth principal meridian line, in the granted to

the United States

State of Missouri, made by virtue of certificates issued under the act of Congress, approved February the seventeenth, eighteen hundred and fifteen, entitled "An act for the relief of the inhabitants of the late

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