Page:United States Statutes at Large Volume 44 Part 1.djvu/1414

 § 984 TITLE $3.-·-—PU1 ` The proceeds of said lends, whether from sale or by direc: appropriation in kim, snsll be smiled eicluslvely, as far as neewssrry, to me _ retzlaimlug  lsnds, by mmm of levew and drains. (R. S. { MQ.); _  _ t _. @4t Legal mbglivi&s godly yet  mit for c¤ltivs··~ t@-In nnnking out llsm and plats ot the lands afowd all less! subdivisiens,` the greater part whereof is wet and nndt for cnlévstion, shall be included in mid lists and plats, but when the greater part et s subdivision is not et that character, the whole of it @sI1 be excluded therefrom. (R. S. S 2481.) $85.?¤tents te prier pnrclxaserjs and leeaterst-——The Presldent of the United States shell cause mteuts te be issued to the psreheser es: purehasers, locator or locaters, who made entries of the public lends claimed as swamp lends, either with cash or land warrants, or scrip, or under siny homestead or preemption laws prior to the issue pot `patents to the 'State or Stnles: Pro@d, Thst in all com where any State through its constituted authorities, may have sold or di et any tract or tracts of lend prior to the entry, sale or location ot the same under the preemption or ether lavvs of the United States, no patent shall be issued by the President for such trinct or tracts et land, until such State through its constituted authorities, {shell release its claim thereto in such forml as shall be prescribed by the Secretary of the Interior. 'In ell eases where such State did not within ninety days from the 2d dey of Merch, 1855, the date of sn Act entitled, “An Act for the relief of purchasers ·loea,t»ers of swsmp and overdewede 1and¤," through its constituted authorities, return to the General._Laud O§ce of the United States, a list of ell the lands sold as aforesaid, together with the dates of such sales and the names ofhtlxe purchasers, the President shall issue patents to persons who mode such entries oi the public lands so claimed as swamp lend. (R.S.§2éi~83.). 1. _   -·— 985.   of EQ2 e•n£r¤ed.—-All lend selected and reo ported to the General Land 0Eee as swamp and overdowed land by the several States entitled to the provisions of said Act nf September 28, 1850, prior to, March 3, A. D. 1857, are lcon?  to said States .respectively_ so far as the sense remained vacant end unappropristed and not interfered with ~ by an sctnnlsettlemeut under any law of the United Stntes._ `(R; .S._ 987. lands te be artiied to State within me year.--—It shall be the duty of the Commimoner, of the Geuersl Land Odiee, to certify ever to the State of California ss swsmp and over-* dowed lends, all the lands repxweutm `as. such upon the approved tewuslrip surveys and plots, whether made before or after the %d day of: July, *1866,. under the mithorlty bf the United .stsm, _ _ l _    E Tse supervisors gt survey shall under the direction ot the Commissioner et the General Land 0&ee, examine (118-8€§I`6€S· tion may and surveys of the  and overdowed lands, nude by said State; and whew he shell dud thmtto coniorm to the system et surveys adopted by the United Stem, he- shall construct and approve tewnshl plats ayeéerdlngly, and forward to the Genegnl und 0Qee ter ipproval. Y · t _» _ In segrxutlng large bmles of lend, notoriously md obviously swamp end everdovved, it shell not be necessary tofsulldivlde the same, but td run the exterior li@ of such bed; ot land. Ii; case men State mrveys .m.*;¤ma.m to be in necordauce with the systml et United States surveys, gud in snob other townships as no survey. has been made by the United States, the eommiwener shall dlrmt the %rvisor of surveys to make segrmetleu surveys, upon emimtlen by the governor of dseid State, within one yur of such nmllmtion, et nllthe swsnap and overdewed land in sum townships, and tg report o the same to the General [nm O&ee, ¤'¢P!T€*¤tlng and describf lng whst land was iwsmp and  under the grant, ’ gecordlug to the mt evideme he eauwobtnln. ° ‘ p

@1:.10 usps 1400 , If the authoritiescf said State, slnallctaim as swamp ana overnowed, any land not represented as meh upon the map or in the returns of the surveyors, the character of such land at the date of thegrant September %, 1850, and the right to the same shall be determined by testimony, to be taken before the supervisor of surveys, who ehall decide the same, sinbjeet te the approval of the Cemmimioner of the General Land Omce. (R. S. l 2488; Mar. 3, 1925, e. 462, 43 Stat. 1144.}* . 988. Act extended `to Minnesota md Oregm.-———'I’be provisions of the Act of Congress entitled ffAn Act te enable the State ei? Arkansas and ether States teredeem ” the swampdlands within their limits, approved September 28, A. D. 185%-(supra ethisy chapter, sections. 981 to 983, inclusive), are extended to the States of Minnesota and Orekon: Brevfdcd, That the grant shall not include any lands wnich the Government of the United States may have seld or  M trader any law, enacted prior to March 12, 1860{prier to the cesmrmatien ef title to be made nnder the authority of said Act;-md the selections to be made from lands already surveyed in each ef the States last named, under the anthority.of· the 'Act_e£0re~ said, shall have been madewithia two. years frm· the adjournment of the legislature of e·ach*8t•te, at its   melon after the 12th day of March, A. D. 1@0—and as to all lama surveyed er to be surveyed, tnerwfter, within two yur: f@ such adjournment, at the next `@ien after ‘noti¤` by the Secretary of the Interior to the gorermr of the State, that the surveys have i been completed and condrmed. _ (B., S. { 2490.), { I ` ‘ 989. Hememead entries by purchasers from ‘ M i •f lands declared not to be swamp lands.——=·In all  the State e of Missonri where lands hare, prior to February E, 1875, been V wleeted and claimed as swimp and everdowed l@ by nid State, and the various counties therein; by   ef- any Act -of Gongess, and said, lands hare been withheld frm market in consequence thereof by the General Government, and the mid State and counties have sold aaidlands to actml aettmi, am said settlers have impreved the same to the value nf $169; uid settlers, = their heirs, assigns, and lmal representatives, who have continued to reside thereon, shall have wlerity of right to homestead a1l`· such lands as may be rejected by the United States as not being in fact swamp and eve1‘¤0vred.·lands;   it shall be the duty of the `Secretary of the Int¤·m· te make m& rules and regulations as may be uecesmry te carry inte- wect _ the provisions of tlxls section: Preetded, That ··netni¤g herein contained shall prejudice the rights of any  who` may have made actual settlement upon auch lands num the preemption or nemeeteaa laws; prior te February B, 1875. (Feb. 23, 1875, c. 99, 18 Stat. 834; Mar. 3, 1®1, c. 591, { 4, %_ sm:. 1097;) `· -  ‘ _ t _, _ i· E 990. Grant t0· Mi@rlI·-—A1rlands in the State of Eimcnri. selected as swamp 'and overnowed lands, and  ·   °ly reported as such to the General  0%, and ee March 3, 1877, withheld from market as such, so far as · the same remain vacant and unapprepriated and net interfered vith by any preenptim, homestead, er other claim under any lawef the United States, and the claim wherete has not been on seld date reiected by tm Commissioner of the General Land Omce, er. other competent anthority, are centlrmed to said State, and all title thereto v&ted in said Stateyand it is made the duty of the Secretary of the Interior to cause patents to Issue for the same. (Mar, 3r 1877, c. 116, 19 Stat. 395.) `  ‘ .. _ _ e. 991. Title of purchasers of uneonhmcd lands in Arkansas ce¤5rmd.y————The-title of ell persons whohave, en April ®, pnrcnand stem the State of Arkansas any nncendrrucd swamp land and held deeds for the sarne, is cendrmedand made valid asagainat any claim er right er the United States, and without — the payment by said persons, their heirs er amlgns, of any sep whatever to the United States or to the State of Arkansas. . -