Page:United States Statutes at Large Volume 12.djvu/802

 772 THIRTY-SEVENTH CONGRESS. Sess. IH. Ch. 97, 98. 1863. to be surveyed near as may be to the lines of the survey formerly made hy Albert G-, mm l°"· Ellis, and shall cause certified plats thereof to be returned as is provided by law in the case of other surveys of the public domain ; and he shall thereanaqtsposed on upon proceed to dispose of the same as other public lands are disposed gf; saving to every person who upon the passage of this act inay be in pos- Rights of P€¥`· session of any part of said lands, and shall have madenmpilovementg 2;*: Q$h§°:;°; thereon, as provided under the preemption laws of the United btates, the madle improve- right to purchase any lots so improved, lying contiguous toeach other, m°¤*°- and not exceeding in the aggregate eighty. acres, upon making proof of such possession and improvements, and paying for such lots the sum of one dollar and twenty-five cents per acre, within six rnonths after public notice shall be given of the time and place for making such proof and payment. _ _ Millmy *‘¤· Sec. 4. And be it furzlzer enacted, That the commissioner of the ’§;'$,,~£fi Iggrtbe general land-office shall cause the military reserve of Fort Crawford, m surveyed and dis· the county of Crawford, in the same State, to be surveyed and disposed P°’°d °£ of in the manner prescribed in the iirst and second sections of this act for the disposition of the Fort Howard Reserve. Amuzovno, March 3, 1863. Much 3, 1863. 12. VI I.—·An Act or u Grant o Lands to the State 0 Kansas, in alternate "`—"""` C!»gl;ctz'0§s?to aid in the _Con.sd·Ji¢ctian of certdin Railroads and Teledraphs in said State. Be it enacted Pg the Senate and House ry' Representatives of the United _Altern¤tc sec- States of America in Congress assembled, That there be,.and is hereby, gffstgglhgdkggij granted to the State of Kansas, for the purpose of aiding in the construcsas to aid in con- tion: First, of a railroad and telegraph from the city of Leavenworth by S‘¥*‘¤°l·l°¤ °l` ***1* the way of the town of Lawrence, and via the Ohio City crossing of the r°&d°' Osage River, to the southern line of the State, in the direction of Galveston bay in Texas, with a branch from Lawrence by the valley of the Wskarusa River, to the point on the Atchison, Topeka, and Santa Fe Railroad where said road intersects the Neosho River. Second, of a railroad from the city of Atchison, via Topeka, the capital of said State, to the western line of the State, in the direction of Fort Union and Santa Fé, New Mexico, with a branch from where this last-named road crosses the Neosho, down said Neosho valley to the point where the said firstnamed road enters the said Neosho valley; every alternate section of land, designated by odd numbers, for ten sections in width on each side If my S<=¤ti<>¤ of said roads and each of its branches. But in case it shall appear that l;‘f“e(’;‘l’ the United States have, when the lines or routes of said road and branches quaiiuty to be are definitely fixed, sold any section or any part thereof, granted as afore- fm hw said, or that the right of preemption or homestead settlement has attached ' to the same, or that the same has been reserved by the United States for any purpose whatever, then it shall be the duty of the Secretary of the Interior to cause to be selected, for the purposes aforesaid, from the public lands of the United States nearest to tiers of sections above specified, so much land, in alternate sections or parts of sections, designated by odd numbers, as shall be equal to such lands as the United States have sold, reserved, or otherwise appropriated, or to which the rights of preemption or homesteadsettlements have attached as aforesaid; which lands, thus indicated by odd numbers and selected by direction of the Secretary of the Interior as aforesaid, shall be held by the State of Kansas for the use Proviso. and purpose aforesaid: Provided, That the land to be so selected shall, in no case, be located further than twenty miles from the lines of said road and branches: Provided, further, That. the lands hereby granted for and on account of said roads and branches severally, shall be exclusively applied in the construction of the same, and for no other purpose whatever, and shall be disposed of only as the work progresses through the same, as u1 this act hereinafter provided: Provided, also, That no part of the