Page:United States Statutes at Large Volume 11.djvu/405

 THIRTY-FIFTH CONGRESS. Sess. II. Ch. 58, 59. 1859. 385 nothing herein contained shall be construed so as to release the States of Mississippi or Alabama from any liability imposed upon them by the said act of September twentieth, eighteen hundred and fifty. Approved, February 18, 1859. Cnr. LVIII.-—An Act toauthorize Settlers upzn sixteenth and Mirty-wth] Sections, Feb. 26, 1859. who settled before the Surveys of the Public nds, to preempt their S ements. l`" Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That where settlements, with a Settlers upon view to preemption, have been been made before the survey of the lands in gzczzfs l_ié;“‘: the field which shall be found to have been made on sections sixteen or their sbtllemenlts thirty-six, said sections shall be subject to the preemption claim of such P’h€¤ ¤`¤¤d° bea settler; and if they, or either of them, shall have been or shall be re- xfsh Sgnlgwullo served or pledged for the use of schools or colleges in·the State or Terri- preemption; and tory in which the lands lie, other lands of like quantity are hereby f);h°; °;‘0d“ril:t’;K appropriated in lieu of such as may be patented by preémptors; and in pgs 5mm,; other lands are also hereby appropriated to compensate deficiencies for Md f¤¤‘ ·i¤69i¢¤- school purposes, where said sections sixteen or thirty-six are fractional in ;§i;gs€”’°tl°°d quantity, or where one or both are wanting by reason of the township being fractional, or from any natural cause whatever: Provided, That the Proving- Mode lands by this section appropriated, shall be selected and appropriated in of *£°:;€i%n°*“d accordance with the principles of adjustment and the provisions of the act PP P ' of Congress of May twentieth, eighteen hundred and twenty-six, entitled 1829, cb- 88- "An act to appropriate lands for the support of schools in certain town- "L "‘ P" mi ships and fractional townships not before provided for." Approved, February 26, 1859. Gnu. LIX.-An Acc to ms the Land Flmd or School Pu ses in Sa Count F .26 1859. rm N Tm_i£ry· nw my y. eb, Whereas by the treaty between the United States and the Omaha. tribe Pmmb1¤· of Indians, by which said Indian tribe ceded their lands in the Territory of Nebraska to the United States, a reservation was made of a part of section thirty-six, in town[ship] fourteen north, range thirteen east, for the Presbyterian Board of Foreign Missions; and whereas, by virtue of a joint resolution of Congress, approved March third, eighteen hundred and fifty-seven, a large portion of the remainder of said section thirty-six has been preempted, leaving but a fraction for the use of schools: Therefore,- Be it enacted by the Senate and House of Representatives of the United S¤p¤i¤f¤¤d¤¤¤ States of America in Congress asscmbkd, That the superintendent of §g,.p?h°(Egun{;r common schools of the county of Sarpy, in which said land is situated, Nebraska terri; shall be, and [he] hereby is, authorized to select six hundred and forty acres '°‘:;‘gYi;'*°gJl$‘§°:: of any unoccupied public lands in said county in subdivisions of not less Ecu of 1,,,,,,,, Pm_ than one quarter section, in lieu of the aforesaid section thirty-six: Pro- cmpfed and rsvidcd, That as soon as such selection shall be made it shall be the duty of °°1`v‘i§1;0viSO_ such superintendent to file a notice thereof; with a description of the land selected, in the office of the register of the land-office in the Omaha land district, who shall thereupon withdraw such land so selected from the list of lands subject to preemption, or public or private sale in said land district, and shall report the fact to the United States Commissioner of Public Lands, and the land so selected shall, after such filing with the register, belong to the school fund of said county in all respects the same as other school lands; and the fraction of said section thirty-six remaining after satistying the terms of said treaty, and after said preémptions as mentioned in the foregoing preamble, shall be subject to preemption, public sale, or private entry, the same as other public lands. Approved, February 26, 1859. vox,. xr. Pun.-49