vation, and that said soldier has never disposed of his interest in said land by any sale of his own, and that the same had not been taken or disposed of for his debts due to any individual, and that he shall release all his interest in the same to the United States, in such way as said Commissioner shall prescribe; and such surrender and location shall be made within five years from the passing of this act. (a) (a) See Nos. 458, 1154, 1159, 1167, 1177, 1204, 1216, 1245. Limitation of time. No. 1241.-AN ACT to settle the title to certain tracts of land in the State of Ar- March 3, 1849. kansas. Vol. 9, p. 400. Owners of cer ter the lands cov Be it enacted, &c., That each and every owner of a Spanish or French land claim, or any part thereof, in the State of Arkansas, which was tain Spanish or submitted for adjudication to the superior court of the late Territory of French claims Arkansas, and by that court confirmed, being a bona-fide subsequent authorized to enpurchaser for a valuable consideration, is hereby authorized to enter, ered by said within one year from the passage of this act, the land covered by said claims. claim, or less quantity thereof, to be embraced in any legal subdivision, at the minimum price, under such regulations as the Commissioner of the General Land Office shall prescribe: Provided, however, That the Proviso. owner aforesaid shall be an occupant or cultivator of said land. SEC. 2. And be it further enacted, That, after the lapse of two years, After two years, from the approval of this act, the sale of the lands embraced by the de- lands reserved from sale may be crees of the superior court of Arkansas, which were on bills of review re- sold. versed, and which the President was, by the act of eighteen hundred and thirty-two, required to reserve from sale, which may then remain the property of the United States, shall no longer be reserved from sale by the President of the United States, and that the same may be brought into market under the existing laws. (a) (a) See Nos. 974, 998, 1002, 1007, 1067, 1155, 1163, 1168, 1172, 1178, 1187, 1192, 1223, 1233. No. 1242.-AN ACT for the relief of Joseph P. Williams. Be it enacted, &c., That the entry of the southwest quarter of section twenty-five, in township number thirteen, north, of range ten east, in the district of lands subject to sale at Helena, in the State of Arkansas, by Joseph P. Williams, of the county of Mississippi and State aforesaid, be, and the same is hereby, confirmed: Provided, That, before this act shall take effect, the said Joseph P. Williams shall surrender to the Commissioner of the General Land Office Choctaw certificate number thirteen, and Cherokee pre-emption certificate number eighty-eight, or, in such manner as the said Commissioner shall direct, secure the Government against the validity of the same, and prove, also, that there are no conflicting claims to said land. No. 1243.-AN ACT in relation to donations of land to certain persons in the State of Arkansas. July 29, 1850. Land title confirmed to J. P. Williams. Proviso. Aug, 30, 1850. Be it enacted, &c., That all claims to donations of land in the State of Arkansas, which have been adjudicated and allowed by the register and nations of land receiver of the proper land district, in virtue of the provisions of the in Arkansas, aleighth section of the act of Congress, approved on the twenty-fourth of lowed by the proper officer, May, one thousand eight hundred and twenty-eight, entitled "An act to which have aid the State of Ohio in extending the Miami Canal from Dayton to yielded to other Lake Erie, and to grant a quantity of land to said State, to aid in the rights and not construction of canals authorized by law, and for making donations of be entered with. relocated, may land to certain persons in Arkansas Territory," and of other subsequent in one year, un acts of Congress on the same subject, and which have not been located der certain reand patent certificates issued therefor, or which, having been so lo- strictions. cated, were compelled to yield to other and prior rights, either in whole or in part, and not subsequently relocated within the period fixed by law, may be entered with the register of any one of the land offices in the State of Arkansas, at any time within one year from the passage of this act, in the same manner, and under the same restrictions and conditions, as existed prior to the twenty-fourth day of May, one thousand eight hundred and thirty-eight, the day last limited for the location of these claims: Provided, That no such claim shall be so located against Proviso. which fraud has been or may be alleged until all objection thereto shall have been removed, to the satisfaction of the Commissioner of the General Land Office. (a) (a) See Nos. 1173, 1174, 1176, 1181, 1195, 1201, 1230. Arkansas. Sept. 28, 1850. Vol. 9, p. 519. Swamp and Be it enacted, &c., That to enable the State of Arkansas to construct overflowed lands the necessary levees and drains to reclaim the swamp and overflowed unfit for cultiva lands therein, the whole of those swamp and overflowed lands, made tion granted to unfit thereby for cultivation, which shall remain unsold at the passage of this act, shall be, and the same are hereby, granted to said State. Secretary of the SEC. 2. And be it further enacted, That it shall be the duty of the SecInterior to make out list and plats retary of the Interior, as soon as may be practicable after the passage of said land, and of this act, to make out an accurate list and plats of the lands described when requested, as aforesaid, and transmit the same to the governor of the State of Arto grant a patent kansas, and, at the request of said governor, cause a patent to be issued vesting the same in the State of to the State therefor; and on that patent, the fee-simple to said lands shall vest in the said State of Arkansas, subject to the disposal of the legislature thereof: Provided, however, That the proceeds of said lands, whether from sale or by direct appropriation in kind, shall be applied, exclusively, as far as necessary, to the purpose of reclaiming said lands No. 1244.-AN ACT to enable the State of Arkansas and other States to reclaim the "swamp lands," within their limits. Arkansas. Proviso. When the great- by means of the levees and drains aforesaid. er part of a sub division is unfit SEC. 3. And be it further enacted, That in making out a list and plats for cultivation, it of the land aforesaid, all legal subdivisions, the greater part of which shall be included is "wet and unfit for cultivation," shall be included in said list and in said plats; if the greater part plats; but when the greater part of a subdivision is not of that charbe not of that acter, the whole of it shall be excluded therefrom. be excluded. character, it shall SEC. 4. And be it further enacted, That the provisions of this act be extended to, and their benefits be conferred upon, each of the other this act extended States of the Union in which such swamp and overflowed lands, known to other States as designated as aforesaid, may be situated. Provisions of possessing such lands. July 12, 1852. Vol. 10, p. 14. of 1812 to be sold. tual settlers. No. 1245.-AN ACT to release from reservation, and restore to the mass of public lands, certain lands in the State of Arkansas. Undisposed Be it enacted, &c., That the several tracts of land in the State of Arlands reserved kansas, heretofore reserved for the satisfaction of military bounties in Arkansas for under the war of eighteen hundred and twelve, (a) and which now rebounties for war main undisposed of, be, and they are hereby released from such reservation, and restored to the mass of public lands, to be disposed of in the Proviso for ac- same manner as any other unoffered public land: Provided, That the person who may, at the date of this act, be an actual settler on any one of said tracts, and who, but for the reservation thereof, might have claimed the right of preemption thereto, under act of fourth September, eighteen hundred forty-one, be, and is hereby authorized to enter the same, or any subdivision thereof, upon making proof of said right, and paying the minimum price per acre, within a year after the passage of this act, or prior to the day fixed for the public sale of Sales and lo lands inadver firmed. the tract. SEC. 2. And be it further enacted, That all sales of said land, or location cations of said thereof by military warrants, (other than those of the war of eighteen tently made con- hundred and twelve,) which have been inadvertently permitted to be made, and which are in all other respects fair and regular, except as embracing reserved land not offered at public sale, be, and the same are hereby confirmed, and patents thereon which have been issued shall be as legal and valid as if said lands had been released from reservation, and offered at public sale prior to such sales or locations. (b) Unsatisfied SEC. 3. And be it further enacted, That all of said warrants which have warrants may not been satisfied, may be located on any of the public lands subject to be located elseprivate entry at the time of the location of the same. (a) where. (a) See Nos. 458, 1154, 1159, 1167, 1177, 1204, 1216, 1240. (b) See Nos. 421, 1160, 1178, 1200, 1230, 1236, 1255, 1258, 1261. Feb. 9, 1853. Vol. 10, p. 155. No. 1246.-AN ACT granting the right of way and making a grant of land to the States of Arkansas and Missouri, to aid in the construction of a railroad from a point on the Mississippi, opposite the mouth of the Ohio River, via Little Rock, to the Texas boundary near Fulton, in Arkansas, with branches to Fort Smith and the Mississippi River. [See MISSOURI, No. 1086.] No. 1247.—AN ACT for the relief of the legal representatives or assignees of April 19, 1858. Vol. 11, p. 528. Be it enacted, &c., That the assignees or legal representatives of James James Law. Lawrence, to whom was issued donation certificate number three hun- rence, &c., may dred and six, under the eighth section of the act of twenty-fourth relocate donation of May, eighteen hundred and twenty-eight, entitled "An act to aid certificate. the State of Ohio in extending the Miami Canal from Dayton to Lake Erie, and to grant a quantity of land to said State to aid in the construction of the canals authorized by law, and for making donations of land to certain persons in Arkansas Territory," shall be authorized to relocate the same upon any of the public lands in the State of Arkansas, subject to entry at a minimum of not more than one dollar and twentyfive cents per acre: Provided, That said certificate shall be found to have Proviso. been issued in conformity with the said eighth section of the act of twenty-fourth of May, eighteen hundred and twenty-eight, and shall be located upon legal subdivisions of land of not less than one quartersection. No. 1248.-AN ACT making a grant of lands in alternate sections to aid in the No. 1249.-AN ACT to revive and extend the provisions of "An act granting the right of way and making a grant of land to the States of Arkansas and Missouri, to aid in the construction of a railroad from a point upon the Mississippi, opposite the mouth of the Ohio River, via Little Rock, to the Texas boundary, near Fulton, in Arkansas, with branches to Fort Smith and the Mississippi River," approved February 9, 1853, and for other purposes. [See MISSOURI, No. 1122.] July 4, 1866. July 28, 1866. No. 1250.-A RESOLUTION extending the time for the completion of the first March 3, 1869. twenty miles of the Cairo and Fulton Railroad. [See MISSOURI, No. 1131.] Vol. 15, p. 349. No. 1251.-AN ACT to amend an act entitled "An act to extend the time for the No. 1252.-A RESOLUTION extending the time for the completion of the first section of twenty miles of the Cairo and Fulton Railroad. [See MISSOURI, No. 1134.] March 8, 1870. May 6, 1870. Vol. 16, p. 376. June 11, 1870. ervation in Ar No. 1253.—AN ACT in relation to the Hot Springs reservation in Arkansas. Be it enacted, &c., That any person claiming title, either legal or equitable, to the whole or any part of the four sections of land consti- Persons claimtuting what is known as the Hot Springs reservation in Hot Springs ing title to the County, in the State of Arkansas, may institute against the United Hot Springs res States in the Court of Claims, and prosecute to final decision, any suit kansas may bring that may be necessary to settle the same: Provided, That no such suits suit in the court shall be brought at any time after the expiration of ninety days from of claims to settle the passage of this act, and all claims to any part of said reservation the same; suits to be brought upon which suit shall not be brought under the provisions of this act within ninety within that time shall be forever barred. days. SEC. 2. And be it further enacted, That all such suits shall be by peti- Form of suits tion in the nature of a bill in equity, and shall be conducted and deter- and how con ducted. mined in all respects, except as herein otherwise provided, according to the rules and principles of equity practice and jurisprudence in the other courts of the United States; and for the purposes of this act the Court of Claims is hereby invested with the jurisdiction and powers Jurisdiction of exercised by courts of equity so far as may be necessary to give full Court of Claims. relief in any suit which may be instituted under the provisions of this act. Notice of suit. SEC. 3. And be it further enacted, That notice of every suit authorized by this act shall be executed by the delivery of a true copy thereof with Attorney-Gen- a copy of the petition to the Attorney-General, whose duty it shall be, eral to answer, for and in behalf of the United States, to demur to or answer the petid:c., within thirty tion therein, within thirty days after the service of such process upon days. him, unless the court shall for good cause shown grant further time for filing the same. Proceedings SEC. 4. And be it further enacted, That if two or more parties claiming where parties the same lands under different rights shall institute separate suits under claim same lands the provisions of this act, such suits shall be consolidated and tried torights, and insti- gether, and the court shall determine the question of title and grant all tute different proper relief as between the respective claimants as well as between each of them and the United States. under different suits. ceiver. Bond. Account. If the decision SEC. 5. And be it further enacted, That if, upon the final hearing of any is in favor of the cause provided for in this act, the court shall decide in favor of the United States United States, it shall order such lands into the possession of a receiver court to appoint to be appointed by the court, who shall take charge of and rent out the a receiver. same for the United States, until Congress shall by law direct how the Duty of re-same shall be disposed of, which said receiver shall execute a sufficient bond to be approved by the court, conditioned for the faithful performance of his duties as such, render a strict account of the manner in which he shall have discharged said duties, and of all moneys received by him as a receiver as aforesaid, which shall be by said court approved or rejected accordingly as it may be found correct or not, and pay such moneys into the Treasury of the United States; and he shall receive Compensation. such reasonable compensation for his services as said court may allow, How may be and in case of a failure of said receiver to discharge any duty devolv compelled to do ing upon him as such, the court shall have power to enforce the perhis duty. formance of the same by rule and attachment. But if the court shall If decision is in decide in favor of any claimant, both as against the United States and favor of claim other claimants, it shall so decree, and proceed by proper process to put ant, he is to be such successful claimant in possession of such portion thereof as he may put in possession. be thus found to be entitled to, and upon the filing of a certified copy Patent to be of such decree with the Secretary of the Interior, he shall cause a patent to be issued to the party in whose favor such decree shall be renEither party dered for the lands therein adjudged to him: Provided, That either may appeal to party may within ninety days after the rendition of any final judgment Supreme Court. or decree in any suit authorized by this act, carry such suit by appeal Jurisdiction of to the Supreme Court of the United States, which Court is hereby vested with full jurisdiction to hear and determine the same on such appeal, in the same manner and with the same effect as in cases of appeal in equity causes from the circuit courts of the United States: And proDuty of Attor. vided further, That in case the judgment or decree of the Court of Claims ney-General in in any such suit shall be adverse to the United States, the Attorneycase of appeal. General shall prosecute such appeal within the time above prescribed; and the taking of an appeal from any such judgment or decree shall ap-operate as a supersedeas thereof until the final hearing and judgment of the Supreme Court thereon. (a) issued. the Court. Effect of peal. (a) See Nos. 1186, 1258, 1259, 1260, 1262, 1263. July 14, 1870. Vol. 16, p, 277. Clarksville tinued. No. 1254.-AN ACT to discontinue the Clarksville, Arkansas, land district and the establishment of an additional land district in that State. Be it enacted, &c., That the district of lands now subject to disposal at land district, Ar- Clarksville, Arkansas, be, and the same is hereby, discontinued from kansas, discon- and after the first day of July, eighteen hundred and seventy, and that thereafter the said land district be divided as follows: Beginning at the corner common to townships twelve and thirteen north, ranges seventeen and eighteen west, and running thence west between said townships to the corner common to townships twelve and thirteen north, ranges twenty-six and twenty-seven west; thence south with said range line to the corner common of townships nine and ten north; thence Harrison and west on the line between said townships to the western boundary of the Dardanelle land State, the lands lying north of said division line, and within the limits district estab. of the said Clarksville district, to be subject to disposal at Harrison, Arkansas, and those lands lying south of said division line within said district to be subject to disposal at Dardanelle, Arkansas, to be known and designated as the Harrison and Dardanelle land district. lished in Arkan sas. receiver. SEC. 2. And be it further enacted, That the President of the United Register and States is hereby authorized to appoint, by and with the advice and consent of the Senate of the United States, or during the recess thereof, and until the end of the next ensuing session, a register and receiver for each of said land districts, who shall be required to reside at the Residence, dasite of their respective offices, who shall be subject to the same laws ties, and fees. and responsibilities, and whose compensation and fees shall be respectively the same per anuum as are now allowed by law to other land offices in said State. (a) (a) See Nos. 1156, 1157, 1158, 1166, 1191, 1200, 1209, 1234. No. 1255.—AN ACT to provide for the disposition of useless military reservations. Feb. 24, 1871. [Provisions for sale of military reservations at Forts Wayne and Vol 16, p. 430. Smith, &c. See WASHINGTON TERRITORY, No. 2305.] No. 1256.-AN ACT to authorize the issuance of college scrip to the State of Whereas, the State of Arkansas has complied with all the provisions and requirements of an act entitled "An act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts," approved July second, eighteen hundred and sixty-two, and other acts amendatory thereto : Therefore, Dec. 13, 1872. sas and to the Be it enacted, &c, That the Secretary of the Department of the In- College scrip to terior be, and he is hereby, authorized and directed to issue at once, and be issued to the deliver to the secretary of the State of Arkansas, the full amount of State of Arkancollege scrip, to wit, one hundred and fifty thousand acres, and ninety Florida State Ag thousand acres to the secretary of the board of trustees of the Florida ricultural Col. State Agricultural College of the State of Florida, as provided for in lege. said act, to be used and appropriated to and for the purposes and objects in said act specified, and none other: Provided, That no scrip as aforesaid shall be delivered to the authorities of the State of Arkansas until said State shall have made some satisfactory arrangement by kansas to first which the bonds of said State, principal and interest, now held by the fund certain old United States as Indian trust funds, shall be funded in new bonds au- bonds. thorized to be issued by said State for this purpose. State of Ar No. 1257.—AN ACT to establish the boundary line between the State of Arkansas and the Indian country. March 3, 1875. Be it enacted, &c., That the boundary line between the State of ArkanBoundary line sas and the Indian country, as originally surveyed and marked, and between Arkanupon which the lines of the surveys of the public lands in the State of sas and the InArkansas were closed, be, and the same is hereby, declared to be the dian country. permanent boundary line between the said State of Arkansas and the Indian country. &c. Variations to SEC. 2. That the Secretary of the Interior shall, as soon as practica- Boundary line ble, cause the boundary line, as fixed in the forgoing section, to be re- to be retraced, traced and marked in a distinct and permanent manner; and if the original line, when retraced, shall be found to differ in any respect from what the boundary line would be if run in accordance with the provisions of the treaties establishing the eastern boundary line of the Choctaw and Cherokee Nations, then the surveyors shall note such variations be noted, &c. and compute the area of the land which in that case would be taken from the State of Arkansas or the Indian country, as the case may be; and the Secretary of the Interior shall also cause any monuments set up in any former survey indicating any line at variance with the survey provided for in this act to be obliterated. (a) (a) See Nos. 762, 1076, 1156, 1161, 1171, 1203, 1204, 1239. No. 1258.-AN ACT in relation to the Hot Springs reservation in the State of March 3, 1877. Law for re Be it enacted, &c., That so much of section five of an act of June eleventh, eighteen hundred and seventy, in relation to the Hot Springs ceiver of Hot reservation of Arkansas, as provides for the appointment of a receiver Springs, Ark., reby the court, be, and the same is hereby, repealed: Provided, That pealed. nothing in this section shall be construed to affect the right of the Rights served. United States to collect and receive rents already due. го. |