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Sec.

CHAPTER TWELVE.

GENERAL GRANTS TO STATES AND TERRITORIES.

352. Grant to new States.

353. Selections and locations of lands granted in last section.

354. Grant of swamp and overflowed lands to certain States to aid in construction of levees, &c.

355. Secretary of Interior to make lists of
such lands for transmission to the
governors of the States.

356. Legal subdivisions mostly wet and
unfit for cultivation.
357. Indemnity to States where lands have
been sold by United States.
358. Patents to issue for swamp lands to
purchasers and locators prior to
issuing of patents to States, &c.
359. Selections of swamp and overflowed
lands confirmed.
360. Swamp-land grants to Oregon and
Minnesota.

361. Public lands not mineral granted to
each State for purpose of establish-
ing agricultural colleges.
362. Agricultural-college scrip, to be is-
sued, when.

363. Proceeds of sales, how applied. As-
signees of State to locate scrip.
May be located on offered lands or
received from pre-emption settlers
in payment for lands.

364. Expenses of management, &c., to be paid by States. Moneys from sale of land and scrip to be invested, and interest applied to support of college of agriculture and mechanic arts.

365. Conditions of grant, assent of States. Diminution of fund to be made up by State. Annual interest to be applied regularly. Funds to be expended for buildings. College to be furnished or moneys refunded to United States. Annual reports of colleges. Computation when double-minimum lands are selected. States in rebellion not entitled to

Sec.

365. (Continued.)

366.

367.

benefit of grant. Assent of States to be given prior to July 1, 1874. Fees of land officers.

Governors of States to report annually to Congress.

368. New States entitled to benefits of grant.

369. Nevada may select double-minimum
lands not mineral.

370.
371. Selection of lands granted to Oregon,
&c.

Selection of lands granted to Califor-
nia, &c.

372. Selections by Oregon confirmed except when legally appropriated.

373. Locations in excess of quantity allowed, confirmed.

374. Certain excess locations in Wisconsin confirmed.

375. Reissue of agricultural-college scrip. 376. Settlements before survey on sections 16 and 36, deficiencies thereof. Selections to supply deficiencies of school lands.

377.

378.
379.

Fee-simple to pass in all grants of
land to States and Territories, when.
Certain States to be paid 10 per cent.
on net proceeds of sales of public
lands therein, &c.

380. After deducting said 10 per cent.,
&c., residue to be divided among
States of Union, how. To be ap-
plied as legislature may direct.
Net proceeds of sales of public lands
payable at the Treasury half-yearly,
to whom.

381.

[blocks in formation]

States.

SEC. 352. There is granted, for purposes of internal im-Grant to new provement, to each new State hereafter admitted into the Union, upon such admission, so much public land as, including the quantity that was granted to such State before its admission and while under a Territorial government, will make five hundred thousand acres.

5 Stat. 455; R. S. 2378. Foley v. Harrison, 15 How. 433; Shepley v. Cowan, 1 Otto, 330. Patterson v. Saturn, 3 Saw C. C. 164. Dall v. Meador, 16 Cal. 296; Van Valkenburg v. McCloud, 21 id. 330; Megerle v. Ashe, 27 id. 322; Bludworth . Lake, 33 id. 255.

'9 LO

129

Selections and locations of lands granted in last section.

SEC. 353. The selections of lands, granted in the preceding section, shall be made within the limits of each State so admitted into the Union, in such manner as the legislatures thereof, respectively, may direct; and such lands shall be located in parcels conformably to sectional divisions and subdivisions of not less than three hundred and twenty acres in any one location, on any public land not reserved from sale by law of Congress or by proclamation of the President. The locations may be made at any time after the public lands in any such new State have been surveyed according to law. 5 Stat. 455; R. S. 2379. Shepley v. Cowan, 1 Otto, 330. Patterson v. Saturn, 3 Saw. C. C. 164. 4 Op. Att. Gen. 71. Dall v. Meador, 16 Cal. 296; Van Valkenburg v. McCloud, 21 id. 330; Terry v. Megerle, 24 id. 609; Megerle v. Ashe, 27 id. 322; Bludworth v. Lake, 33 id. 255; Farrish v. Coon, 40 id. 33; Hastings v. Jackson, 46 id. 234; Shepley v. Cowan, 52 Mo. 559. Decisions Sec. Int., Jan. 15, 1856 (1 Lester's L. L. 555); Nov. 10, 1856 (1 id. 507); April 20, 1859 (1 id. 568); Dec. 9, 1859 (1 id. 457); Sept. 26, 1871 (Copp's L. L. 446); Sept. 18, 1872 (id. 326, 446); Nov. 19, 1878 (5 Copp's L. O. 158). Cir. G. L. O., Feb. 21, 1846 (1 Lester's L. L. 500); Aug. 6, 1847 (1 id. 501); Jan. 5, 1872 (Copp's L. L. 483). SEC. 354. To enable the several States (but not including lands to certain the States of Kansas, Nebraska, Nevada, and Colorado) to States to aid in construct the necessary levees and drains, to reclaim the swamp and overflowed lands therein-the whole of the swamp and overflowed lands, made unfit thereby for cultivation, and remaining unsold on or after the twenty-eighth day of September, A. D. eighteen hundred and fifty, are granted and belong to the several States respectively, in which said lands are situated: Provided, however, That said grant of swamp and overflowed lands, as to the State of California, Minnesota, and Oregon, is subject to the limitations, restrictions and conditions hereinafter named and specified, as applicable to said three last-named States, respectively.

Grant of swamp and overflowed

construction of levees, &c.

Proviso.

9 Stat. 520; 12 id. 3; 18 id. 16; R. S. 2479. Railway Co. v. Fremont, 9 Wall. 89; Railway Co. v. Smith, 9 id. 95; Martin v. Marks, 7 Otto, 345; American Emigrant Co. r. County of Adams, 10 id. 61; Same v. Wright Co., S. C., Dec. T. 1877, in manuscript. 9 Op. Att. Gen. 253; id. March 4, 1878, in manuscript. Dunklin v. Dist. Co. Ct., 23 Mo. 449; Railway Co. v. Smith, 40 id. 310; State v. Register, 48 id. 59; Foster v. Evans, 51 id. 39; Clarkson v. Buchannan, 53 id. 563; Campbell v. Wortman, 58 id. 258; Funkhouser v. Peck, 67 id. 20; Fletcher v. Pool, 20 Ark. 100; Branch v. Mitchell, 24 id. 432; Ringo v. Rotan, 29 id. 56; Kile v. Tubbs, 23 Cal. 431; Owens v. Jackson, 9 id. 322; Summers v. Dickinson, 9 id. 558; People v. Stratton, 25 id. 242; People v. Merrill, 26 id. 336; Kernan v. Griffith, 27 id. 87; Carder . Baxter, 28 id. 99; Thornton v. Thompson, 28 id. 602; Hogar r. Lucas, 29 id. 309; Keenan v. Griffith, 31 id. 462; Keenan v. Allen, 33 id. 542; Keenan v. Griffith, 34 id. 580; Kimball v. Reclamation Com'rs, 45 id. 344; Read v. Caruthers, 47 id. 181; Wright v. Carpenter, 47 id 436; Savings Bank v. Hynes, 50 id. 195; Busch v. Donohue, 31 Mich. 481; Att'y-Gen. v. Thomas, 31 id. 355; Boyce v. Slambaugh, 34 id. 348; State v. Hastings, 11 Wis. 448; Barrett v. Brooks, 21 Iowa, 144; Fremont Co. v. Railway Co., 22 id. 91; Railway Co. v. Brown, 40 id. 333; Page Co. v. Railway Co., 40 id. 520; Murphy v. Ewing, 22 Ind. 297; Edmondson v. Core, 62 id. 17; Supervisors v. State's Att'y, 31 Ills. 68; Gratham v. Atkins, 63 id. 359; Thompson v. Prince, 67 id. 281; Keller v. Brickley, 78 id. 133; Gaston v. Scott, 5 Oreg. 48. Decisions Sec. Int., Dec. 23, 1851 (1 Lester's L. L. 549); Nov. 20, 1855; June 21, 1856 (1 Lester's L. L. 555); Aug. 28, 1856; Jan. 17, 1859 (1 Lester's L. L. 567); July 23, 1859 (1 id. 570); Aug. 17,

1858;
Feb. 8, 1860; April 25, 1862; June 27, 1862; June 1, 1871;
Nov. 11, 1873; Dec. 9, 1874; July 9, 1875; Aug. 24, 1876; Sept.
9, 1876; May 5, 1877 (7 Copp's L. O. 63); Dec. 21, 1877 (4 id. 151);
June 28, 1880 (7 id. 70). Decisions Com. G. L. O., Dec. 21, 1853
(1 Lester's L. L. 551); Jan. 19, 1874 (Copp's L. L. 473; 1 Copp's
L. 0. 5).

Interior to make

to the governors

SEC. 355. It shall be the duty of the Secretary of the In- Secretary of the terior, to make accurate lists and plats of all such lands, and lists of such lands transmit the same to the governors of the several States in for transmission which such lands may lie, and at the request of the governor of the States. of any State in which said swamp and overflowed lands may be, to cause patents to be issued to said State therefor, conveying to said State the fee-simple of said land.

The proceeds of said lands, whether from sale or by direct appropriation in kind, shall be applied exclusively, as far as necessary, to the reclaiming said lands, by means of levees and drains.

9 Stat. 519; R. S. 2480. Railway Co. v. Smith, 9 Wall. 95; French v. Fyan, 3 Otto, 169; Martin v. Marks, 7 id. 345; American Emigrant Co. v. County of Adams, 10 id. 61. Railway Co. v. Smith, 40 Mo. 310; Clarkson v. Buchannan, 53 id. 563; Lockwood v. Railway Co., 65 id. 233; Funkhouser v. Peck, 67 id. 20; Birch v. Gilles, 67 id. 102; Kernan v. Griffith, 27 Cal. 87; Busch v. Donohue, 31 Mich. 481; Sta e v. Hastings, 11 Wis. 448; Thompson v. Pierce, 67 Ills. 281; Gaston v. Scott, 5 Oreg. 48; Barrett v. Brooks, 21 Iowa, 144; Fremont Co. v. Railway Co., 22 id. 91; Boynton v. Miller 22 id. 579; Kettner v. Story Co., 23 id. 35; Railway Co. v. Brown, 40 id 333; Page Co. v. Railway Co., 40 id. 520. Decisions Sec. Int., Dec. 23, 1851 (1 Lester's L. L. 549); July 7, 1855; Sept. 18, 1855 (1 Lester's L. L.553); Oct. 4, 1855 (1 id. 553); Jan. 15, 1856 (1 id. 555); Dec. 19, 1857 (1 id. 557); Oct. 24, 1858 (1 id. 562); Jan. 17, 1859 (1 id. 567); April 20, 1859 (1 id. 568); May 21, 1859 (1 id. 569); June 25, 1859 (1 id. 569); Aug. 1, 1859 (1 id. 571); April 25, 1862; June 27, 1862; April 19, 1877 (4 Copp's L. O. 92); May 5, 1877 (4 id. 63); Dec. 4, 1877; May 2, 1878 (5 Copp's L. Ó. 124); Jan. 6, 1879; Sept. 19, 1879; April 5, 1880 (7 Copp's L. O. 27). Decisions Com. G. L. O., Dec. 21, 1853 (1 Lester's L. L. 551); Jan. 22, 1858 (1 id. 559); Jan. 27, 1876 (2 Copp's L. O. 180). Cir. G. L. Ó., Nov. 21, 1850 (1 Lester's L. L. 543; Zab. L. L. 317); April 8, 1854; Feb. 11, 1856 (1 Lester's L. L. 545); Jan. 5, 1872 (Copp's L. L. 483); Jan. 15, 1874 (id. 472; 1 Copp's L. O. 41).

SEC. 356. In making out lists and plats of the lands afore- Legal subdivis ions mostly wet said all legal subdivisions, the greater part whereof is wet and unfit for culand unfit for cultivation, shall be included in said lists and tivation. plats, but when the greater part of a subdivision is not of that character, the whole of it shall be excluded therefrom.

9 Stat. 519; R. S. 2481. French v. Fyan, 3 Otto, 169; American Emigrant Co. v. Adams Co., 10 id. 61. 11 Op. Att. Gen. 467; id. July 25, 1877, in manuscript. Fletcher v. Pool, 20 Ark. 100; Funkhouser v. Peck, 67 Mo. 20; Keller v. Brickey, 78 Ills. 133; Owens v. Jackson, 9 Cal. 322; Summers v. Dickinson, 9 id. 554; Carder v. Baxter, 28 id. 99; Thornton v. Thompson, 28 id. 602; Hagar v. Lucas, 29 id. 309; Keenan v. Griffith, 31 id. 462; Keenan v. Allen, 33 id. 542; Keenan v. Griffith, 34 id. 580; Taylor v. Underhill, 40 id. 471; Read v. Caruthers, 47 id. 181; Wright v. Carpenter, 47 id. 436. Decision Sec. Int., Oct. 13, 1876 (3 Copp's L. O. 119). Decisions Com. G. L. O., Dec. 21, 1853 (1 Lester's L. L. 551); Jan. 22, 1858 (1 id. 559); Jan. 27, 1876 (2 Copp's L. O. 180). Cir. G. L. O., Nov. 21, 1850 (1 Lester's L. L. 543; Zab. L. L. 317); April 8, 1854; Feb. 11, 1856 (1 Lester's L. L. 545; Zab. L. L. 320); Jan. 15, 1874 (Copp's L. L. 472). Manual of Surveying Instructions (1 Lester's L. L. 718).

lands have been

States.

66

Indemnity to SEC. 357. Upon proof by the authorized agent of the States where State, before the Commissioner of the General Land Office, sold by United that any of the lands purchased by any person from the United States, prior to March third, eighteen hundred and fifty seven, were swamp lands," within the true intent and meaning of the act entitled "An act to enable the State of Arkansas and other States to reclaim the swamp lands within their limits," approved September twenty-eight, eighteen hundred and fifty, the purchase money shall be paid over to the State wherein said land is situate; and when the lands have been located by warrant or scrip, the said State shall be authorized to locate a like quantity of any of the public lands subject to entry, at one dollar and twentyfive cents per acre, or less, and patents shall issue therefor. The decision of the Commissioner of the General Land Office shall be first approved by the Secretary of the Interior.

Proviso.

10 Stat. 634, 635; 11 id. 251; R. S. 2482. American Emigrant Co. v. Adams Co., 10 Otto, 61. 11 Op. Att. Gen. 467; id. July 25, 1877, in manuscript. Fletcher v. Pool, 20 Ark. 100. Decisions Sec. Int., July 7, 1855 (1 Lester's L. L. 552); Jan. 14, 1856 (1 id. 554); Feb. 6, 1861; March 31, 1861; May 8, 1861; April 25, 1862; March 12, 1863; April 23, 1866; Feb. 8, 1868; June 17, 1868; Feb. 2, 1874 (Copp's L. L. 480); May 2, 1878 (5 Copp's L. O. 124); June 6, 1878 (5 id. 125); Dec. 9, 1878 (7 id. 9); April 6, 1880 (id. 28); June 28, 1880 (7 id. 70). Cir. G. L. O., March 18, 1872 (Copp's L. L. 479); Jan. 22, 1877; Aug. 12, 1878 (5 Copp's L. O. 173); Feb. 17, 1879 (7 id. 9).

Patents to issue SEC. 358. The President of the United States shall cause for swamp lands to purchasers and patents to be issued to the purchaser or purchasers, locator locators prior to or locators, who made entries of the public lands claimed as issuing of patents to States, &c. swamp lands, either with cash or land warrants, or scrip, or under any homestead or pre-emption laws prior to the issue of patents to the State or States: Provided, That in all cases where any State through its constituted authorities, may have sold or disposed of any tract or tracts of land prior to the entry sale or location of the same under the pre emption or other laws of the United States, no patent shall be issued by the President for such tract or tracts of land, until such State through its constituted authorities, shall release its claim thereto in such form as shall be prescribed by the Secretary of the Interior. In all cases where such State did not within ninety days from the second day of March, eighteen hundred and fifty-five, the date of an act entitled "An act for the relief of purchasers and locators of swamp and overflowed lands" through its constituted authorities, return to the General Land Office of the United States, a list of all the lands sold as aforesaid, together with the dates of such sales and the names of the purchasers, the President shall issue patents to persons who made such entries of the public lands so claimed as swamp land.

Selection of

swamp and overflowed lands confirmed.

10 Stat. 634; R. S. 2483. Dale v. Turner, 34 Mich. 405. Decisions Sec. Int., Nov. 18, 1856 (1 Lester's L. L. 556); Nov. 1, 1858 (1 id. 563). Decisions Com. G. L. O., Jan. 2, 1858 (1 Lester's L. L. 557) ; May 5, 1874 (1 Copp's L. O. 39).

SEC. 359. All lands selected and reported to the General Land Office as swamp and overflowed land by the several States entitled to the provisions of said act of September

twenty-eight, eighteen hundred and fifty, prior to March third, A. D. eighteen hundred and fifty-seven, are. confirmed to said States respectively so far as the same remained vacant and unappropriated and not interfered with by an actual settlement under any law of the United States.

11 Stat. 251; R. S. 2484. Martin v. Marks, 7 Otto, 345. 11 Op. Att. Gen. 467; id. July 25, 1877, in manuscript. Funkhouser v. Peck, 67 Mo. 20; Keenan v. Allen, 33 Cal. 542; Dale v. Turner, 34 Mich. 405; Davis v. Filer, 40 id. 310; Fremont Co. v. Railway Co., 22 Iowa, 91; American Emigrant Co. v. Railway Co., 47 id. 515; Gratham v. Atkins, 63 Ills. 357; Smith v. Goodell, 66 id. 450. Decisions Sec. Int., Jan. 8, 1858 (1 Lester's L. L. 558); Aug. 12, 1858 (1 id. 561); Nov. 1, 1858 (1 id. 563); Dec. 10, 1858 (1 id. 565); Feb. 8, 1860; March 26, 1861; May 2, 1878 (6 Copp's L. O. 76); June 14, 1878.

and Minnesota.

SEC. 360. The provisions of the act of Congress entitled Swamp-land "An act to enable the State of Arkansas and other States grants to Oregon to redeem" the swamp lands within their limits, approved September twenty-eight, A. D. eighteen hundred and fifty, extend to the States of Minnesota and Oregon: Provided, Proviso. That the grant shall not include any lands which the Government of the United States may have sold or disposed of under any law, enacted prior to March twelve, eighteen hundred and sixty, prior to the confirmation of title to be made under the authority of said act-and the selections to be made from lands already surveyed in each of the States last named, under the authority of the act aforesaid, shall have been made within two years from the adjournment of the legislature of each State, at its next session after the twelfth day of March, A. D. eighteen hundred and sixty— and as to all lands surveyed or to be surveyed, thereafter, within two years from such adjournment, at the next session after notice by the Secretary of the Interior to the governor of the State, that the surveys have been completed and confirmed.

12 Stat. 3; R. S. 2490. Gaston v. Scott, 5 Oreg. 4. Decisions Sec. Int., Dec. 2, 1874 (Copp's L. L. 475); Sept. 9, 1876 (3 Copp's L. O. 99); Oct. 13, 1876 (3 id. 119); Dec. 2, 1876 (3 id. 172); Dec. 4, 1877 (4 id. 149); June 6, 1879 (5 id. 179); April 15, 1880 (7 id. 28); June 4, 1880 (7 id. 53).

not mineral,

poses of estab

SEC. 361. There is granted to the several States, for the Public lands, purposes hereinafter mentioned, an amount of public land, granted to each to be apportioned to each State a quantity equal to thirty State for purthousand acres for each Senator and Representative in Con- fishing agriculgress to which the States are respectively entitled by the tural colleges. apportionment under the census of eighteen hundred and sixty: Provided, That no mineral lands shall be selected or Proviso. purchased under the provisions of this grant.

12 Stat. 503. Cir. G. L. O., May 4, 1863 (Zab. L. L. 445); July 20, 1875 (Copp's L. L. 486).

issued where

cient offered land

SEC. 362. The land aforesaid, after being surveyed, shall Agriculturalbe apportioned to the several States in sections or subdivis-college scrip to be ions of sections, not less than one quarter of a section; and there is no suffiwhenever there are public lands in a State subject to sale in any State to at private entry at one dollar and twenty-five cents per acre, satisfy the grant. the quantity to which said State shall be entitled shall be selected from such lands within the limits of such State, and

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