Page:United States Statutes at Large Volume 13.djvu/386

 358 THIRTY—EIGHTH CONGRESS. Sess. I. Ch. 216. 1864. not shall not he affected nor impaired by reason of any failure by any guar. dian to discharge faithfully his trust. And in case it shall be necessary for Damagesta either of the said companies to enter upon lands which are unoccupied, m?P'°d and of which there is no apparent owner or claimant, it may proceed to take and use the same for the purpose of its said railroad, and may institute proceedings in manner described for the purpose of ascertaining the value of, and acquiring a title to, the same ; and the court may determine the kind of notice to be served on such owner or owners, and may in its discretion a oint an a ent or ardian to re resent such owner or owners in case of Pliis or their incapilizity or non-zippearance. But in case no claimant shall appear within six years from the time of the opening of said road across any land, all claim to damages against said company shall mg§:¤¤é¤;:¤¤ be barred. It shall be competent for the legal guardian of any infant, or Wmnsaadu any other person under guardianship, to agree with the proper company disability. as to damages sustained by reason of the taking of any lands of any such person under disabilit ,as aforesaid, for the use as aforesaid; and u on such agreement beingymade, and approved by the court having superiiision of the official acts of said guardian, the said guardian shall have full power to make and execute a conveyance thereof to the said company which shall vest theltitle thereto in ther said company. _ t_Am;npmp:;t:t Sec. 4. And be ot further enacted, Phat section three of said act be gfigtsé ($120. hereby amended by striking out theword " five," where the same occurs v01_ X;} p_ 4,gg_ in said section, and by inserting in lieu thereof the word “ ten ; " and by striking out the word "ten,” where the same occurs in said section, and by inserting in_ lieu thereof the word “ twenty."And section seven ot said act is hereby amended by striking out the word " fifteen," where the same occurs in said section, and inserting in lieu thereof the word " twenty- §g:1*;§‘;L‘;‘;° act, and the act to which this is an amendment, shall not be construed to ` include coal and iron land. And any lands granted by this act, or the act  which this is an amendment, shall not defeat or impair any pre- Preemption, emption, homestead, swamp land, or other lawful claim, nor include any ggimfkyéd goverpizinent iieservation lordmineral lands, or the improvements of any hem, _ ona e setter, or any an s returned and denominated as mineral lands, y and the timber necessary to support his said improvements as a miner, or agriculturalist, to be ascertained under such rules as have been or may be established by the commissioner of the general landpilice, in conformity Lianit to ex- with the provisions of the preemption laws: Provided, That the quantity mp °"‘ thus exempted by the operation of this act, and the act to which this act is an amendment, shall not exceed one hundred and sixty acres for each settler who claims as an agriculturalist, and such quantity for each settler 2Q2t3i32E'? ’i$£Z.'$I,}Z5,'1.?E."?EtT.lTZ”,Z'»§’.EZL°‘??]§.’Z‘gitffibiff 33m2e2E2i} ° l Timber- contain timber, the timber thereon is hereb vranted to said com an ,” in the proviso to said section three, shall not drpply to the timber grbwihg or being on any land farther than ten miles from the centre line of any one of said roads or branches mentioned in said act, or in this act. And all t033E5S6g!:;:?;- lands shall be excluded from the operation of this act, and of the act to chmod §mm which this act is an amendment, which were located, or selected to be located, under the provisions of an act entitled " an act donating lands to the several states and territories which may provide‘colleges for the 1862, eh_ 130_ beneht of agriculture and the mechanic arts," approved July second, Vol. xii. p. 503. piglétepip hundred and sixty-two, and notice thereof given at the proper an -0 ce. i £g¤:g*`=;_;St<;¤· Sec. 5. And be lit further enacted, That the time for designating the Bqing mm &é_’ general route of said railroad, and of filing the map of the same, and the extended, &c. time for the completion of that part of the railroads required by the terms of said act of each company, be, and the same is hereby, extended one year from the time in said act designated; and that the Central Pacific
 * Mineral1and" five."And the term " mineral land," wherever the same occurs in this