Page:United States Statutes at Large Volume 20.djvu/561

 536 FORTY-FIFTH CONGRESS. Sess. II. Ch. 144, 149. 1878. pension-roll, subject to the provisions and limitations of the pensionlaws, the name of Mary B. Marsh, widow of \V. R. Marsh, late surgeon of the Second Regiment Iowa Infantry. Approved, May 27, 1878. June l, 1878. CHAP. 149.-An act for the relief of Robert Coles. lunamnle. Whereas it appearing that, according to the laws of the State of Iowa, Robert Coles is the rightful owner of indemnity-certificates number ninety-two, for two thousand three hundred and sixty-three acres and twenty-six hundredths of an acre, dated March twenty-eighth, eighteen hundred and seventy-two, and number ninety-three, for thirty-six acres and thirty-six hundredths of an acre, dated April tenth, eighteen hun dred and seventy-two; and It further appearing that the ownership of said indemnity certificates accrued to the said Robert Coles by virtue of a contract between him and the board of supervisors of the county of Lucas and State of Iowa, dated November, eighteen hundred and sixty-two, as provided by the laws of the State of Iowa; and It further appearing that the list of swamp selections, upon which said indemnity certificates were subsequently issued, was approved by the surveyor-general for the State of Iowa, March third, eighteen hundred and fifty-nine, of which approval the county judge of Lucas County, Iowa, was notilied by letter from the surveyor-general’s office of that date, and of which approval the then agent for the State of Iowa and of Lucas County, by ailidavit, testihes; and It further appearing that the proof lor indemnity under act of March second, eighteen hundred and ufty-tive, was submitted to the Commissioner of the General Land Ciiice, and tiled lor action therein June twentieth, eighteen hundred and sixty; and It further appearing that the surveyor-general failed to certify his " approval of said list of selections to the Commissioner of the General Land Office, as required by the honorable Secretary of the Interior at the time ol' approval thereof; and It further appearing that had said list of selections been certified up to the General Land Office at the time the same was approved by the surveyor-general, there were large quantities of public lands in the State of Iowa upon which indemnity-certificates could have been located; and It further appearing that a. full and valuable consideration was paid by the said Robert Coles for the interest of Lucas County in and to the swamp lands thereof', to wit, one thousand and ninety acres of land, valued at six thousand dollars; and It appearing that at the time said indemuity-certificates were issued, there were no vacant public lands in the State of Iowa. upon which the same could be located, owing to the delay and neglect of the surveyorgeneral, as aforesaid; and It appearing, as a part of the terms of the contract between said Robert Coles and the board ot supervisors of the county of Lucas and State of Iowa, that “if compatible with the public interest, the patent for the lands granted in indemnity should be issued in his name": Theretbre, Robert Coles. B0 it enacted by ti/ac Senate and House if ltcprescntatives of the United Ig¤·¤<l·W==¤1‘¤‘¤¤t¤ States of America in Congress assembled, That the Commissioner of the '·° ‘““° t°‘ General band Office bc, and he is hereby, authorized and required to issue warrants, in lieu of said indemnity-certificates numbered ninety- two and ninety-three, to the said Robert Coles, in accordance with the legal subdivisions of the public lands, in quantities not less than eighty acres, which may be located by the said Robert Coles, his heirs or assigns, upon any of the public lands not mineral or coal or double minimum lands, subject to entry by pre-emption, or under the provisions of the homestead act; which warrants may also be received from actual settlers in payment ofprc-emption claims or in commutation of homestead claims.