No. 413.-AN ACT to confirm the sale of a certain school section in the State of Aug. 1, 1842. Land sale con Be it enacted, &c., That the sale heretofore made of section number sixteen, in township number thirty-nine, north of range fourteen, east firmed. of the third principal meridian, in the State of Illinois, by and under the authority of said State, with the assent of the inhabitants of the congressional township, in which said section is situate, be, and the same is hereby confirmed: Provided, That this act shall be construed as only Proviso. giving the assent of the United States to said sale, and to the patents issued by the State of Illinois to the purchasers of the same, so far as the United States are concerned in the matter. (a) (a) See Nos. 337, 338, 342, 346, 356, 408, 418, 443, 444. No. 414.-AN ACT for the relief of John A. Rockwell. Aug. 1, 1842. Patent to be Proviso. Be it enacted, &c., That the President of the United States be, and he. hereby is, authorized to issue a patent to John A. Rockwell, or his legal representatives, for the southeast quarter of section number four- issued to him for teen, in township number thirty-three, north of range one, east of the certain land. third principal meridian, in the district of lands formerly subject to sale at the land office at Galena, in the State of Illinois: Provided, That the said John A. Rockwell, or his legal representatives, shall satisfactorily appear to the Secretary of the Treasury to have been the legal assignee of Richard Long, of the certificate of purchase of said lands, or shall prove to the satisfaction of the Secretary of the Treasury that he holds a conveyance for the same, executed to him by the said Richard Long before his right of pre-emption to the said lands had been set aside by the proper Department, on account of a defect in the proof of cultivation. No. 415.-AN ACT for the relief of Daniel B. Bush. Aug. 11, 1842. Authorized to Be it enacted &c., That Daniel B. Bush, grantee under John Smith, be and he is hereby, authorized to relinquish to the United States, in such form as the Commissioner of the General Land Office shall prescribe, relinquish and rethe southwest quarter of section thirty-five, of township thirteen south, enter land. in range two west, in the tract appropriated by acts of Congress granting land to the late army of the United States; which tract of land ap pears to be but a small fraction, not conforming to the law under which it was granted; and upon such relinquishment being made as aforesaid, the said Daniel B. Bush shall be, and he is hereby authorized to enter any other quarter-section in the land district in which said fraction is situated in the State of Illinois, which shall be liable to entry at private sale, and not in the occupancy of any actual settler: Provided, The Proviso. said Daniel B. Bush, shall prove to the satisfaction of the Secretary of the Treasury, that he is the bona-fide purchaser of the land specified in the patent, and that he holds the same for said fractional quarter-section granted to John Smith, father and heir at law of Edward Smith, deceased. No. 416.—AN ACT for the the relief of William Osteen, of Illinois. enter other land. Aug. 11, 1842. Be it enacted, &c., That William Osteen, of the county of Franklin in__Vol. 6, p. 853. the State of Illinois, be, and he is hereby, authorized, within six months Authorized to from the date of this act, to surrender to the Secretary of the Treasury surrender land to be cancelled, the certificate of the land offices at Shawneetown, in certificate, and to said State, for the north half of the southeast quarter of section number twenty-nine, in township number seven south, range number two east, lying in the Shawneetown land district, in the State aforesaid; which was entered by said William Osteen by mistake, and in lieu thereof, he is hereby authorized to enter the like quantity of land in legal subdivisions, elsewhere in said land district: Provided, The same be subject Proviso. to private entry, and not subject to the right of pre-emption. Aug. 29, 1842. Lands to be se No. 417.—AN ACT to authorize the States of Indiana and Illinois to select certain quantities of land, in lieu of like quantities heretofore granted to the said States, for the construction of the Wabash and Erie and the Illinois and Michigan canals. SEC. 2. And be it further enacted, That the Governor of the State of lected in lieu of Illinois is hereby authorized to cause to be selected, from any of the others granted for the Illinois unsold public lands in that State, not subject to the right of pre-empMichigan tion, the quantity of five thousand seven hundred and sixty acres, in and Canal. Selections to be lieu of sections numbered three and nine, in township thirty-two, north of range three east; sections thirteen and twenty-one, in township thirty-four, north of range six east; sections twenty-five and thirty-three in township thirty-three, north of range eleven east; and sections thirteen, nineteen, and twenty-one, in township thirty-three, north, of range eight, east of the third principal meridian, heretofore selected by the said State under "An act to grant a quantity of land to the State of Illinois, for the purpose of aiding in opening a canal to connect the waters of the Illinois River with those of Lake Michigan," but which had been sold and patented to individuals by the United States, before the location by the said State had been approved. SEC. 3. And be it further enacted, That the selections of lands made unreported to Sec- der this act shall be reported by the governors of the said States reretary of the spectively, to the Secretary of the Treasury, and approved by the PresiTreasury, and approved by the dent of the United States. (a) President. Feb 15, 1843. to (a) See Nos. 358, 367, 385, 435. No. 418.-AN ACT to authorize the legislatures of the States of Illinois, Arkansas, Louisiana, and Tennessee, to sell the lands heretofore appropriated for the use of schools in those States. Be it enacted, &c., That the legislatures of Illinois, Arkansas, Louisiprovide for the ana, and Tennessee, be, and they are hereby, authorized to provide by sale of school law for the sale and conveyance in fee-simple, of all or any part of the lands, &c. lands heretofore reserved and appropriated by Congress for the use of schools within said States, and to invest the money arising from the sales thereof in some productive fund, the proceeeds of which shall be forever applied, under the direction of said legislatures, to the use and support of schools within the several townships and districts of country for which they were originally reserved and set apart, and for no other use or purpose whatever: Provided, Said land, or any part thereof, shall in no wise be sold without the consent of the inhabitants of such township or district, to be obtained in such manner as the legislatures of Apportionment said States shall by law direct; and in the apportionment of the proof the proceeds. ceeds of said fund, each township and district shall be entitled to such part thereof, and no more, as shall have accrued from the sum or sums of money arising from the sale of the school lands belonging to such township or district. Proviso. to Authority SEC. 2. And be it further enacted, That the legislatures of said States be, make laws for and they are hereby, authorized to make such laws and needful regul protection of tions as may be deemed expedient to secure and protect from injury or said lands, &c. waste, the sections reserved by the laws of Congress, for the use of schools, to each township, and to provide by law, if not deemed expedient to sell, for leasing the same for any term not exceeding four years, in such manner as to render them productive, and most conducive to the object for which they were designed. In case of in SEC. 3. And be it further enacted, That if the proceeds accruing to any sufficiency of township or district from said fund, shall be insufficient for the support said proceeds to of schools therein, it shall be lawful for said legislatures to invest the support schools, same in the most secure and productive manner, until the whole proauthority to invest them until ceeds of the fund belonging to such township or district shall be adeadequate. quate to the permanent maintenance and support of schools within the same: Provided, That the legislatures aforesaid shall, in no case, invest the proceeds of the sale of the lands in any township in manner aforesaid, without the consent of the inhabitants of said township or district, to be obtained as aforesaid. Proviso. Such sales as SEC. 4. And be it further enacted, That any sales of such lands, reserved have been made as aforesaid, as have been made in pursuance of any of the laws ennot inconsistent acted by the legislatures of said States, and not inconsistent with the with the princi- principles of this act, are hereby ratified and confirmed so far as the ples of this act, confirmed. assent of the United States to the same may be necessary to the confirmation thereof. (a) (a) See Nos. 337, 338, 342, 346, 35, 408, 413, 443, 444. No. 419.-AN ACT for the relief of George Davenport, of Rock Island, in the April 2, 1844. Be it enacted, &c., That George Davenport be, and he is hereby, authorized to enter the fractional quarter-section of land upon which he enter land. resides, on Rock Island, in the State of Illinois, it being the southeast fractional quarter of section twenty-five, in township numbered eighteen north, range numbered two west of the fourth principal meridian, upon his paying to the receiver of public moneys of the United States land office at Dixon the minimum price of one dollar and twenty-five cents per acre for the same, upon which a final certificate and patent shall issue, as in other cases. No. 420.—AN ACT for the relief of William Elliot, junior, of Fulton County, State of Illinois. March 11, 1846. enter a quarter Final certificate and patent to issue. Be it enacted, &c., That William Elliot, junior, of Fulton County, State of Illinois, be and he is hereby permitted to enter, at the minimum price jr., permitted to per acre, the northwest quarter of section thirty, in township numbered section of land. five, north of range numbered four, east of the fourth principal meridian, the same being within the Quincy land district in said State; and upon the payment of the purchase money therefor, a final certificate and patent shall issue as in other cases: Provided, That if any bona-fide assignment or sale of said tract were made by said William Elliot, junior, Proviso, in case after his erroneous entry thereof in February, one thousand eight hun of assignment. dred and thirty-six, then said patent shall ipure to the benefit of such purchaser or assignee of said William, notwithstanding said original entry may have been subsequently cancelled by order of the Commissioner of the General Land Office. No. 421.-AN ACT to authorize the President of the United States to sell the reserved mineral lands in the States of Illinois and Arkansas, and Territories of Wisconsin and Iowa, supposed to contain lead ore. July 11, 1846. All the reserv in Illinois, Ar Be it enacted, &c., That the President be, and he hereby is, authorized, as soon as practicable, to cause the reserved lead mines and contiguous ed lead mines and lands in the State of Illinois and Arkansas, and Territories of Wiscon- contiguons lands sin and Iowa, belonging to the United States, to be exposed to sale, in kansas, Wiscon the same manner that other public lands are authorized by law to be sin, and Iowa, to sold, except as hereinafter provided. be exposed to sale. SEC. 2. And be it further enacted, That six months' notice of the times Six months' and places of said sales shall be given in such newspapers of general public notice to circulation, in such of the States as the President may think expedient, be given of such with a brief description of the mineral regions of the States of Illinois sales, with a brief and Arkansas, and Territories of Wisconsin and Iowa, and of the lands description, &c. to be offered for sale; showing the number and localities of the different mines now known, the probability of discovering others, the quality of the ore, the facilities of working it, the further facilities (if any) for manufactories of shot, sheet lead, and paints, and the means and expense of transporting the whole to the principal markets in the United States: Provided, That the said lands shall not be subject to the rights Proviso as to of pre-emption until after the same have been offered at public sale and pre-emption. subject to private entry. to be sold in such SEC. 3. And be it further enacted, That upon satisfactory proof, made to Any tract conthe register and receiver of the proper land office, that any tract or tracts taining a mine or of said lands contain a mine or mines of lead ore, actually discovered and mines of lead ore being worked, then, and in that case, the same shall be sold in such legal legal subdivis subdivision or subdivisions as will include such mine or mines; and no ions as will inbid shall be received therefor at a less rate than the sum of two dollars clude such mine or mines. and fifty cents per acre; and if such tract or tracts shall not be sold at No bid less than such public sale, at such price, nor shall be entered at private sale within $2.50 per acre to twelve months thereafter, then the same shall be subject to sale as other be taken within lands: Provided, That no legal subdivision of any of said lands, upon one year. which there may be an outstanding lease or leases from the Government visions not to be of the United States, or their authorized agent, unexpired and undeter- sold until expira mined, shall be sold until after the determination of such lease or leases tion of lease." by effluxion of time, voluntary surrender, or other legal extinguishment thereof. (a) (a) See No. 342. 12 L O-VOL II Leased subdi July 15, 1846. Vol. 9, p. 652. tain land in the No. 422.—AN ACT for the relief of Benjamin Harris, of La Salle County, State of Be it enacted, &c., That Benjamin Harris, of La Salle County, State of Benjamin Har ris permitted to Illinois, be, and he is hereby, permitted to enter, at the minimum price enter at the min- per acre, the southeast fraction of the northwest quarter of section imum price cer- twelve, in township numbered thirty-three north, range numbered three Dixon land dis east, of the third principal meridian, in the Dixon land district in said trict, Illinois. State, heretofore entered by said Benjamin Harris as a pre-emption under the act of the nineteenth of June, eighteen hundred and thirty-four, and which entry has been cancelled for irregularity; and on the payPatent to issue. ment of the purchase money there for, a final certificate and patent shall Proviso, in case issue as in other cases: Provided, however, If any transfer or assignment of an assignment. of the right of the said Harris has been made by him to any other person, the privilege hereby granted shall extend to and be exercised by his assignee. No. 423.-AN ACT for the relief of Wiley B. Parnell, of Blount County, Alabama, and James A. Whiteside, of Illinois. * Aug. 8, 1846. Vol. 9, p. 662. James A. SEC. 2. And be it further enacted, That James A. Whiteside, of the Whiteside au county of Hardin, in the State of Illinois, be, and he is hereby, authorrender a certain ized to surrender the patent issued to him from the Shawneetown land patent for lands. district, in said State, for the southwest quarter of the northeast quar thorized to sur ter of section eight, in township eleven south, of range eight east, in said land district, entered and patented by the said Whiteside, on the twenty-eighth of July, eighteen hundred and thirty-eight; and upon the surrender of said patent for the said tract of land, under such rules and regulations as the Commissioner of the General Land Office may Authorized to prescribe, the said James A. Whiteside is hereby authorized to locate enter lands in and enter, in lieu thereof, an equal quantity of land to that so surrendered, anywhere in the said land district unsold, and to which no preemption right attaches: Provided, That said entry shall be made within six months after the passage of this act. lieu thereof. Aug. 8, 1846. Warrant for 160 one heretofore issued. No. 424.-AN ACT for the relief of Eli Merrill. Be it enacted, &c., That upon the surrender to the Commissioner of the General Land Office, by Eli Merrill, of letters-patent issued to said Eli acres of land to Merrill for a tract of land containing one hundred and sixty acres, bebe issued to Eli ing the northwest quarter of section twenty-six, of township five north, Merrill, in lieu of in range one west, in the tract appropriated for military bounties in the Territory of Illinois, and upon due proof made that said Merrill has made no conveyance of said land, the said Commissioner of the General Land Office shall be, and is hereby, authorized and required to issue a warrant in favor of said Eli Merrill for one hundred and sixty acres of land to be located upon any unlocated land belonging to the United States and now subject to entry. Jan. 26, 1947. March 3, 1847. Sale of saline authorized. No. 425.-AN ACT declaring the assent of Congress to certain States to impose a tax upon all lands hereafter sold by the United States therein, from and after the day of such sale. [See OHIO, No. 169.] No. 426.-AN ACT to give the consent of Congress to the sale of certain salt-spring lands heretofore granted to the State of Michigan, Illinois, and Arkansas. SEC. 2. And be it further enacted, That the State of Illinois shall be, lands granted to and hereby is, authorized and empowered to sell, in such manner as the State of Illinois legislature of the said State shall by law direct, the whole or any part of the saline lands lying in Jackson County, in said State, which were granted to the State of Illinois, by virtue of "An act to enable the people of the Illinois Territory to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States," approved April eighteenth, eighteen hundred and eighteen. (a) (a) See Nos. 342, 346, 369, 375, 379, 445. No. 427.-AN ACT authorizing persons, to whom reservations of land have been made under certain Indian treaties, to alienate the same in fee. March 9, 1848. Vol. 9, p. 213. Reservees un Be it enacted, &c., That all the reservations to or for any person or persons named in the treaty of the twentieth day of October, eighteen der treaty of Oct. handred and thirty-two, made at Camp Tippecanoe, in the State of In- 20, 1832 (vol. vii, diana, between the United States by their commissioners, Jennings, Da- B. 378), with the Pottawatomies, vis, and Crume, and the chiefs and headmen of the Pottawatomie tribe to hold their land of Indians of the Prairie and Kankakee, shall be so construed and held in fee-simple. to convey to and vest in said reservees, their heirs, and assigns, forever, an estate in fee simple in and to the reservations so made, by said treaty, to or for said reservees respectively. tions confirmed. SEC. 2. And be it further enacted, That said reservees, or their heirs, Said lands may may sell and convey all or any part of his, her, or their respective re- be alienated, and serves; and such sale and conveyance shall vest in the purchaser, his former aliena or her heirs and assigns, such title as is described in such deed of conveyance, to such lands so sold and conveyed: Provided, That all deeds of conveyance made before the passage of this act shall stand upon the same footing as those made after the passage of this act, and the rights of the parties shall be the same in one case as in the other: Provided, Approval of That such deed of conveyance for any of said lands, made before or the alienation by after the passage of this act, shall not be valid for such purpose until President made the same shall have been approved by the President of the United States. essential. No. 428.-AN ACT for the relief of Charity Herrington. Aug. 12, 1848. ized to enter a Be it enacted, &c., That Charity Herrington be authorized and permitted to enter at the minimum price, at the Chicago land office, the northeast fractional quarter of section ten, in township thirty-nine rington author. north, of range eight east, of the third principal meridian, and a patent certain fractional shall issue therefor as in other cases: Provided, That this act, and the quarter-section patent hereby authorized to be granted, shall not have the effect, or be of land. construed, to impair any legal or equitable claim of any person or persons whatsoever to said tract or parcel of land. Patent to issue. No. 429.—AN ACT for the relief of the heirs of Jean F. Perry, Josiah Bleakley, Dec. 21, 1848. land claims to be is Be it enacted, &c., That the register of the land office at Kaskaskia be required to issue certificates of confirmation on the several claims to confirmation on lands confirmed to the said Jean F. Perry, Josiah Bleakley, Nicholas certain Jarrot, and Robert Morrison, by the governors of the Northwestern or sued to J. F. PerIndiana Territories, upon those claims where such certificates have not ry, Josiah Bleakheretofore issued, which certificates shall be issued to the heirs of the ley, Nich. Jarrot, said persons, and shall not exceed in the whole four thousand six hun- and Robert Mordred acres of land. rison. Where to be SEC. 2. And be it further enacted, That such certificates may be located in legal subdivisions upon any land subject to private entry in any land located. office in Illinois, established for the sale of the public lands agreeably to the provisions of the act entitled "An act confirming certain claims to land in the Illinois Territory, and providing for their location," approved April sixteenth, eighteen hundred and fourteen, and patents sue. shall be issued therefor agreeably to said act. Patents to is No. 430.-AN ACT for the relief of James Hotchkiss. March 3, 1849. James Hotchkiss authorized Be it enacted, &c., That James Hotchkiss be, and he is hereby, authorized to enter at the Chicago land office, in the State of Illinois, at the minimum price, the northeast quarter of section thirty-one, in township to enter a quarthirty-nine north, and range eight east, of the third principal meridian: ter-section of Provided, That said Hotchkiss, at the time of said entry and purchase, land. shall satisfy the register and receiver of said land district that there are no adverse or other claimants to said tract of land, or to any part thereof. Proviso. |