lected are uns ir. cents per acre, they shall be taken acre for acre in part satisfaction of the grant, and the State of California shall pay to the United States the sum of one dollar and twenty-five cents per acre for each acre so selected, when the same shall be patented to the State by the United States: Provided Where lards further, That where lands sought to be selected for the agri- sought to be secultural college, are unsurveyed, the proper authorities of veyed. the State shall file a statement to that effect with the register of the United States land office, describing the land by township and range, and shall make application to the United States surveyor-general for a survey of the same, Survey. the expenses of the survey for field work to be paid by the State, provided there be no appropriation by Congress for that purpose. The United States surveyor-general, as soon as practicable, shall have the said lands surveyed and the township plats returned to the United States land office, and lands so surveyed and returned shall, for thirty days after the filing of the plats in the United States land office, be held exclusively for location for the agricultural Locations, when college, and within said thirty days the proper authorities and how made. of the State shall make application to the United States land office for the lands sought to be located by sections and parts of sections: Provided, That any rights under the Pre-emption pre-emption or homestead laws, acquired prior to the filing and homestead rights not af of the required statement with the register, shall not be im- fected. paired or affected by this act: Provided further, That such Selections, how selections shall be made in every other respect subject to the conditions, restrictions, and limitations contained in the acts hereby modified. 12 Stat. 503, 504, 505; 15 id. 67, 68; 16 id. 581. Decisions Sec. Int., Nov. 2, 1871 (Copp's L. L. 443). Cir. G. L. O., March 23, 1871 (Copp's L. L. 440); July 8, 1873 (id. 441). to be made. SEC. 371. The lands granted to the State of Oregon, for Lands granted the establishment of an agricultural college, by act of July agricultural colto Oregon for an second, eighteen hundred and sixty-two, and acts amenda- lege, selections of. tory thereto, may be selected by said State from any lands within said State subject to homestead or pre-emption entry under the laws of the United States; and in any case where lected such land land is selected by the State, the price of which is fixed by If double-minlaw at the double minimum of two dollars and fifty cents imum land is seper acre, such land shall be counted as double the quantity to count double. toward satisfying the grant. 12 Stat. 503, 504, 505; 17 id. 217, 218. firmed except SEC. 372. Any such selections made by said State prior Selections conto June fourth, eighteen hundred and seventy-two, are con- when legally ap firmed, except so far as they may conflict with any adverse propriated. legal right existing on that date: Provided, That the State Proviso. shall not receive more than ninety thousand acres, the quantity granted by the act of July second, eighteen hundred and sixty-two: Provided also, That such lands shall not be sold by said State for less than two dollars and fifty cents per acre; and where settlement is made upon the same, preference in all cases shall be given to actual settlers at the price, for which said lands may be offered. 12 Stat. 503, 504, 505; 17 id. 217, 218. Locations in ex allowed confirm SEC. 373. All locations of agricultural-college scrip made cess of quantity within thirty days after the date of the approval of the act of July twenty-seven, eighteen hundred and sixty-eight, if otherwise in conformity with law, are hereby legalized and made valid. ed. Certain excess locations in Wisconsin confirmed. Reissue of agticultural-college всгір. Settlements before survey on 16 Stat. 186. [NOTE. This act was designed to cure selections in excess of three sections to a township, which had been made by parties in ignorance of the limitation contained in the act of July 27, 1868; 15 Stat. 227.] SEC. 374. All locations of agricultural-college scrip allowed prior to December first, eighteen hundred and sixty-seven, at the several land offices in the State of Wisconsin, in excess of the maximum quantity authorized by the act of July second, eighteen hundred and sixty-two are hereby legalized; and the Commissioner of the General Land Office is authorized to issue patents upon such locations: Provided, The same shall be in all other respect legal and valid. 16 Stat. 116. SEC. 375. The provisions of the act of Congress of June twenty-third, eighteen hundred and sixty, relating to the reissue of land warrants in certain cases, are hereby extended so as to include the reissue of agricultural-college land scrip, lost, cancelled or destroyed without the fault of the owner thereof, under such rules and regulations as the Secretary of the Interior may prescribe. 12 Stat. 90, 91: 18 id. 111. Cir. G. L. O., Aug. 20, 1875 (Copp's L. L. 486; 1 Copp's L. O. 108). SEC. 376. Where settlements, with a view to pre-emption, sections 16 or 36; have been made before the survey of the lands in the field, deficiencies which are found to have been made on sections sixteen or thereof. thirty-six, those sections shall be subject to the pre-emption claim of such settler; and if they, or either of them, have been or shall be reserved or pledged for the use of schools or colleges in the State or Territory in which the lands lie, other lands of like quantity are appropriated in lieu of such as may be patented by pre-emptors; and other lands are also appropriated to compensate deficiences for school purposes, where sections sixteen or thirty-six are fractional in quantity, or where one or both are wanting by reason of the township being fractional, or from any natural cause whatever. Selections to supply deficiencies of school lands. 11 Stat. 385; 18 id. 202; R. S. 2275. Minnesota v. Bachelder, 1 Wall. 109; Sherman v. Buick, 3 Otto, 209; Water and Mining Co. v. Bugbee, 6 id. 165. Minnesota v. Bachelder, 7 Minn. 121; Layton v. Farrell, 11 Nev. 451; Railway Co. v. Robinson, 49 Cal. 446. Decisions Sec. Int., March 14, 1862; March 28, 1873 (Copp's L. L. 483); March 10, 1876; April 12, 1879. Decision Com. G. L. O., June 13, 1879 (6 Copp's L. O. 153). Cir. G. L. O., May 17, 1844 (1 Lester's L. L. 492); Aug. 21, 1862 (Copp's L. L. 437). SEC. 377. The lands appropriated by the preceding section shall be selected, within the same land district, in accordance with the following principles of adjustment, to wit: For each township, or fractional township, containing a greater quantity of land than three-quarters of an entire township, one section; for a fractional township, containing a greater quantity of land than one-half, and not more than three-quarters, of a township, three-quarters of a section; for a fractional township, containing a greater quantity of land than one-quarter, and not more than one-half, of a township, one-half section; and for a fractional township, containing a greater quantity of land than one entire section, and not more than one-quarter of a township, one quarter-section of land. 4 Stat. 179; 11 id. 385; 18 id. 202; R. S. 2276. Decision Sec. Int.. Dec. 2, 1876 (3 Copp's L. O. 172). Cir. G. L. O., May 17, 1844 (1 Lester's L. L. 492); Aug. 21, 1862 (Copp's L. L. 437); Jan. 5, 1872 (id. 483). of land to States SEC. 378. Where lands have been or may hereafter be Fee-simple to granted by any law of Congress to any one of the several pass in all grants States and Territories, and where such law does not convey and Territories. the fee-simple title of the lands, or require patents to be issued therefor, the list of such lands which have been or may hereafter be certified by the Commissioner of the General Land Office, under the seal of his office, either as originals or copies of the originals or records shall be regarded as conveying the fee-simple of all the lands embraced in such lists that are of the character contemplated by such act of Congress, and intended to be granted thereby; but where lands embraced in such lists are not of the character embraced by such acts of Congress, and are not intended to be granted thereby, the lists, so far as these lands are concerned, shall be perfectly null and void, and no right, title, claim, or interest shall be conveyed thereby. 10 Stat. 346; 18 id. 475; R. S. 2449. Shepley v. Cowan, 52, Mo. 559. Decisions Sec. Int. (5 Copp's L. Q. 158); Jan. 28, 1880 (6 id. 193). SEC. 379. From and after the thirty-first day of December, Certain States in the year of our Lord one thousand eight hundred and forty- cent. on net proto be paid 10 per one, there shall be allowed and paid to each of the States of ceeds of sales of Ohio, Indiana, Illinois, Alabama, Missouri, Mississippi, Lou- therein, &c. public lands isiana, Arkansas, and Michigan, over and above what each of the said States is entitled to by the terms of the compacts entered into between them and the United States, upon their admission into the Union, the sum of ten per centum upon the net proceeds of the sales of the public lands, which, subsequent to the day aforesaid, shall be made within the limits of each of said States respectively: Provided, That Proviso. the sum so allowed to the said States, respectively, shall be in no wise affected or diminished on account of any sums which have been heretofore, or shall be hereafter, applied to the construction or continuance of the Cumberland road, but that the disbursements for the said road shall remain, as heretofore, chargeable on the two per centum fund provided for by compacts with several of the said States. 5 Stat. 453. Decision Com. G. L. O., June 23, 1842. Decision First Compt. of Treas., Oct. 10, 1842. SEC. 380. After deducting the said ten per centum, and After deducting what, by the compacts aforesaid, has heretofore been allowed said 10 per cent., to the States aforesaid, the residue of the net proceeds, divided among &c., residue to be how. the States, &c., which net proceeds shall be ascertained by deducting from of the Union; the gross proceeds all the expenditures of the year for the following objects: Salaries and expenses on account of the General Land Office; expenses for surveying public lands; salaries and expenses in the surveyor-general's offices; salaries, commissions, and allowances to the registers and receivers; the five per centum to new States, of all the public lands of the United States, wherever situated, which shall be sold subsequent to the said thirty-first day of December, shall be divided among the twenty-six States of the Union To be applied and the District of Columbia, and the Territories of Wisconas the legisla tures may direct. sin, Iowa, and Florida, according to their respective federal representative population as ascertained by the last census, to be applied by the legislatures of the said States to such purposes as the said legislatures may direct: Provided, That the distributive share to which the District of Columbia shall be entitled, shall be applied to free schools, or education in some other form, as Congress may direct: And provided, also, That nothing herein contained shall be construed to the prejudice of future applications for a reduction of the price of the public lands, or to the prejudice of applications for a transfer of the public lands, on reasonable terms, to the States within which they lie, or to make such future disposition of the public lands, or any part thereof, as Congress may deem expedient. Proviso. Net proceeds of sales of public 5 Stat. 453. Decision Com. G. L. O., June 23, 1842. Decision First Compt. of Treas., Oct. 10, 1842. SEC. 381. The several sums of money received in the lands, payable at Treasury as the net proceeds of the sales of the public lands the Treasury half shall be paid at the Treasury half-yearly on the first day of yearly, to whom. January and July in each year, during the operation of this act, to such person or persons as the respective legislatures of the said States and Territories, or the governors thereof, in case the legislatures shall have made no such appointment, shall authorize and direct to receive the same. Money due and payable by this act to be first ap of debts due United States. 5 Stat. 454. SEC. 382. Any sum of money, which at any time may become due, and payable to any State of the Union, or to plied to payments the District of Columbia, by virtue of this act, as the portion of the said State or District, of the proceeds of the sales of the public lands, shall be first applied to the payment of any debt, due, and payable from the said State or District, to the United States: Provided, That this shall not be construed to extend to the sums deposited with the States under the act of Congress of twenty-third June, eighteen hundred and thirty-six, entitled "An act to regulate the deposits of the public money," nor to any sums apparently due to the United States as balances of debts growing out of the transactions of the revolutionary war. Proviso. 5 Stat. 454. Length of conSEC. 383. This act shall continue and be in force until tinuation of this otherwise provided by law, unless the United States shall grant. become involved in war with any foreign power, in which event, from the commencement of hostilities, the four preceding sections of this act shall be suspended during the continuance of such war: Provided, nevertheless, That if, Proviso. 5 Stat. 454. SEC. 384. There shall be annually appropriated for com- Not less than pleting the surveys of said lands, a sum not less than one propriated annu$150,000 to be aphundred and fifty thousand dollars; and the minimum ally for surveys. price at which the public lands are now sold at private sale shall not be increased, unless Congress shall think proper to grant alternate sections along the line of any canal or other internal improvement, and at the same time to increase the minimum price of the sections reserved; and in case the same shall be increased by law, except as aforesaid, at any time during the operation of this act, then so much of this act as provides that the net proceeds of the sales of the public lands shall be distributed among the several States, shall, from and after the increase of the minimum price thereof, cease and become utterly null and of no effect, anything in this act to the contrary notwithstanding: Provided, Proviso. That if, at any time during the existence of this act, there shall be an imposition of duties on imports inconsistent with the provisions of the act of March second, one thousand eight hundred and thirty-three, entitled "An act to modify the act of the fourteenth of July, one thousand eight hundred and thirty-two, and all other acts imposing duties on imports," and beyond the rate of duty fixed by that act, to wit: twenty per cent. on the value of such imports, or any of them, then the distribution provided in this act shall be suspended and shall so continue until this cause of its suspension shall be removed, and when removed, if not prevented by other provisions of this act, such distribution shall be resumed. 5 Stat. 454. State stocks held withheld from cipal or mterest. SEC. 385. Whenever any State shall have been or may Amount due on be in default for the payment of interest or principal on by United States investments in its stocks or bonds, held by the United in trust, to be States in trust, it shall be the duty of the Secretary of the States in case of Treasury to retain the whole, or so much thereof as may be default of prinnecessary, of the percentage to which such State may be entitled, of the proceeds of the sales of the public lands within its limits, and apply the same to the payment of said interest or principal, or to the reimbursement of any sums of money expended by the United States for that purpose. 5 Stat. 801. NOTE.-For all special laws granting lands or the net proceeds thereof to the several States for any purpose, see "Local and Temporary Laws," under the caption of each State. |