Page:United States Statutes at Large Volume 14.djvu/240

 210 THIRTY-·NINTH CONGRESS. Sess. I. Ch. 211, 212. 1866. as are in the bona fide occupancy of parties upon the passage of this act by U¤1iW>g¤¤t· themselves or tenants, to such parties: Provided, That this grant shall not extend to any reservation of the United States, nor prejudice any valid adverse right or claim, if such existatodsaid land 0; anyfpart thereof; nor precludea judicial examination an a justment thereo. Approved, July 23, 1866. July 23, 1666. CHAP. CCXII. -—- An Actfrr a. Grant of Lands la the State of Kansas to aid in the Oun- """"`_ struction of the Northevm Kansas Railroad and Telegraph. Be it enacted by the Senate and House of Representiuives of the United Lands granted States of America in Congress assembled, That there is hereby granted to {gm,'?;,? the State of Kansas, for the use and benefit of the Saint Joseph and Den- Joseph md pm; ver City Railroad Company, the same being a corporation organized un- C°F,g:gK;, of from Elwood, in Kansas, westwardly, via Maryville, in the same State, md undbrunch- so as to effect a junction with the Union Pacific Railroad, or an branch °'· thereof not farther west than the one hundredth meridian of weiit longitude, every alternate section of land designated by odd numbers, for ten sections in width on each side of said road, to the point of intersection. 11 any ofgmnv But in case it shall appear that the United States. have, when the line or served, &c, granted as aforesaid, or that the right of pre-emption or homestead settlegtherllvpdg may ment has attached to the same, or that the same has been reserved by the ,,:,K,'f;,;0,Q“ gnited Stapeslforlany purpose whateveg, then it Snail if the duty offthe ecretary o tie nterior to cause to e se ecte or the purposes acresaid, 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 pre-emption or homestead settlements 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 S<>¥¤¢$<¤d_I<md¤ Kansas for the use and purpose aforesaid: Provided, That the land to be of so selected shall in no case be located farther- than twenty miles from the mid. line of said road: Provided further, That the lands hereby granted for tomnggpgggmd and ofn taccount of said road Shall be exclusively applied ilnlphle cpnstruei excl,,,,,.,,, in ion o e same an or no 0 er purpose w a ever, an s a e ispose the gonstriictiou of only as in this act hereinafter provided: Provided, also, That no part °f,;‘g;%‘;‘{.gl_ my of the land granted by this act shall be applied to aid in the construction i·¤¤d_f<>i which of any railroad or part thereof for the construction of which any previous gg2V;;?;  grant of land or bonds has been made by Congress: And pravzded further, Land, hm,,,_ That any and all lands heretofore reserved to the United States by any rm reserved ex- act of Congress, or in any other manner by competent authority, for the
 * ¢¥Ci¥J’R=¤i|¤>¤d der the laws of the State of Kansas, to construct and operate a railroad
 * ‘;J:“wj(:";¥°rc_ route of said roadixs definitely fixed, sold any section or any part thereoii
 * )‘;Q;‘}0fl'%‘l‘$; purpose of aiding in any object of internal improvement, or For any

ace. other purpose whatsoever, be, and the same are hereby, reserved to the United States from the operations of this act, except so far as may be found necessary to locate the route of said road through said lands; in Right ¤fw¤y- which case the right of way for one hundred feet on each side of said road only shall be granted, subject to the approval of the President of the United States. hD}fi*;**;§;*;H)° Sec. 2. And be it further enacted, That the sections and parts of secwld ,-,,,1,,,, than tions of land which by such grant shall remain to the United States, double the mini- within ten miles on each side of said road, shall not be sold for less than "”“'“ p"°°i double the minimum price of the public lands when sold; nor shall any to be exposed of said lands become subject to sale at private entry until the same shall V, ,,,,,,1,,, wz_ have been first ofered at public sale to the highest bidder, at or above theincreased minimum price, as afoiesaidz Provided, That actual and bona h°:;3:;d“:£3' fide settlers, under the provisions of the pre-emption and homestead laws