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August 31, 1852. No. 177.—AN ACT making further provisions for the satisfaction of Virginia Vol, 10, p. 143. land warrants.

Unsatisfied Be it enacted, &c., That all unsatisfied outstanding military land-warVirginia military rants or parts of warrants issued or allowed prior to the first day of land-warrants March, eighteen hundred and fifty-two, by the proper authorities of may be surren- the commonwealth of Virginia for military services performed by the dered, and scrip of the United officers and soldiers, seamen or marines, of the Virginia State and conStates payable in tinental lines in the Army or Navy of the Revolution, may be surrenpublic lands is- dered to the Secretary of the Interior, who, upon being satisfied, by a sued in lieu revision of the proofs or by additional testimony, that any warrant

thereof.

thus surrendered was fairly and justly issued in pursuance of the laws of said commonwealth, for military services so rendered, shall issue land scrip in favor of the present proprietors of any warrant thus surrendered, for the whole or any portion thereof yet unsatisfied, at the rate of one dollar and twenty-five cents for each acre mentioned in the warrant thus surrendered and which remains unsatisfied, which scrip Scrip made as shall be receivable in payment for any lands owned by the United States signable. subject to sale at private entry; and said scrip shall, moreover, be asProvision signable by indorsement attested by two witnesses. In issuing such where there are more than one scrip, the said Secretary is authorized, when there are more persons person interest- than one interested in the same warrant to issue to each person scrip ed, or where for his or her portion of the warrant; and where infants or feme coverts or feme coverts. may be entitled to any scrip, the guardian of the infant and the husband of the feme covert may receive and sell or locate the same. Provided, That no less than a legal subdivision shall be entered and paid for by the scrip issued in virtue of this act.

there are infants,

Proviso.

This act to be

warrants.

SEC. 2. And be [it] further enacted, That this act shall be taken as a in full satisfac- full and final adjustment of all bounty-land claims to the officers and tion of Virginia soldiers, seamen and marines of the State of Virginia, for services in military landthe war of the Revolution: Provided, That the State of Virginia shall Provided, she by a proper act of the legislature thereof relinquish all claim to the shall relinquish lands in the Virginia military land district in the State of Ohio. (a) all claims to her SEC. 3. And be it further enacted, That in settling the claims of the military reserve State of Ohio, under the acts of March second, eighteen hundred and Settlement of twenty-seven, and May twenty-fourth, eighteen hundred and twentyclaim of Ohio for eight, granting lands to said State for canal purposes, the same princicanal lands, under acts of 1827 ples shall be acted upon as have been applied under the provisions of the act of May the ninth, eighteen hundred and forty-eight, entitled "An act in addition to an act therein mentioned," for the settlement of the claims of the State of Indiana, accruing under the said act of March the second, eighteen hundred and twenty-seven. (b)

in Obio.

and 1828.

(a) See Nos. 1, 8, 22, 27, 32, 35, 45, 46, 51, 58, 64, 66, 82, 93, 98, 112, 119, 121, 123, 146, 154, 159, 166, 172, 174, 180, 183, 184, 187, 190.

(b) See Nos. 117, 120, 134, 138, 145, 182, 245.

Feb. 14, 1853.
Vol. 10, p. 754.

land and Pitts

No. 178.-AN ACT granting the right of way to the Saint Louis and Iron Mountain Railroad Company, and for other purposes.

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Right of way at SEC. 2. And be it further enacted, That the right of way be and the same Cleveland grant- is hereby granted to the Cleveland and Pittsburgh Railroad Company, ed to the Cleve and also the right of way to the Cleveland, Painesville, and Ashtabula burgh Railroad, Railroad Company across the hospital grounds, so called, belonging to and to the Cleve- the United States, in the city of Cleveland, in the State of Ohio; the land, Painesville width of each of said roads across said hospital grounds not to exceed and Ashtabula sixty feet where said roads are now respectively located: Provided, That

Railroad.

Provisos.

said conveyances can, in the opinion of the Secretary of the Treasury, be made without detriment to the interests of the United States: And provided further, That the said grant shall be and is hereby made subject to such conditions as the said Secretary of the Treasury shall impose on the said companies respectively, for the protection and security of the grounds from abrasions by the waters of Lake Erie: And provided further, That whenever the said roads shall be discontinued or abandoned, or the conditions of this grant shall be violated, all rights under this act shall cease and determine.

No. 179.-AN ACT for the relief of the civil township of Marion, in the county of
Mercer, Ohio.

Aug. 3, 1854. Vol. 10, p. 818.

thorized to select

Be it enacted, &c., That the trustees of the civil township of Marion, Trustees of the in the county of Mercer, and State of Ohio, be, and they are hereby, township of Maauthorized to select, out of the unsold lands of the United States, in rion, Ohio, ausaid State, one section of land for school purposes, in lieu of section a section in lieu sixteen, to which said township is entitled by acts of Congress; and of section six. when the said trustees shall have selected said section of land, they shall teen. notify the register of the land office of the district in which said lands lie, and the same shall be reserved for sale, and set apart for the use of schools in said township: Provided, That said selection and notification be made within twelve months from the passage of this act: And prorided further, That said selection shall be made of legal subdivisions of the public lands, and in quantities of not less than one hundred and sixty acres.

SEC 2. And be it further enacted, That the title to the said lands, when Title to and so selected and set apart, shall vest in the State of Ohio, for the use of disposition of the common schools in said township, and shall be subject to the same dis- section so select. position and uses that the sections sixteen in said State have been made, by the various acts of Congress affecting the same. (a)

(a) See Nos. 28, 31, 45, 47, 76, 79, 85, 102, 109, 110, 136, 144, 150, 156, 158, 167, 168.

ed.

Dec 19, 1854.
Vol. 10, p. 598.

No. 180.-AN ACT allowing the further time of two years to those holding land by entries in the Virginia military district in Ohio, which were made prior to firs January, eighteen hundred and fifty-two, to have the same surveyed and patented Additional Be it enacted, &c., That the officers and soldiers of the Virginia line, or time granted for continental establishment, their heirs or assigns, entitled to bounty making returns. lands, which bave, prior to the first day of January, anno Domini, eighteen hundred and fifty-two, been entered within the tract reserved by Virginia, between the Little Miami and Sciota rivers, for satisfying the legal bounties to her officers and soldiers, upon continental establishment, shall be allowed the time of two years, from and after the passage of this act, to make and return their surveys and warrants, or certified copies of warrants, to the General Land Office. (a)

(a) See Nos. 1, 8, 22, 27, 32, 35, 45, 46, 51, 58, 64, 66, 82, 93, 98, 112, 119, 121, 128, 146, 154, 159, 166, 172, 174, 177, 183, 184, 187, 190.

No. 181.-AN ACT vesting the title of the United States to certain land in the city of Cincinnati.

Dec. 29, 1854. Vol. 10, p. 601.

Title of the

Be it enacted, &c., That the title and interest of the United States to the unsold land (if any there be) in fractional tection number eleven, United States to in fractional township number four, in fractional range number one, unsold land, section 11, township of John Cleve Symule's purchase of lands, within the now State of Ohio, 4, range 1, in John be, and the same hereby is, vested in the corporate authorities of the C. Symme's purcity of Cincinnati, and their successors in office, and in any other occu- chase, vested in pants of the same, in severalty, upon payment to the Commissioner of Cincinnati, and other occupants. the General Land Office of the minimum price of land subject to entry : Provided, That nothing in this act shall be so construed as to impair the legal or equitable rights of any other person or persons to the said land, or to any part thereof. (a)

(a) See Nos. 4, 6, 16, 25, 30, 31, 32, 36, 133, 170, 173.

No. 182.-AN ACT to confirm the canal selections in the State of Ohio.

Be it enacted, &c., That the selections of land by the State of Ohio, for canal purposes, under the act of second March, eighteen hundred and twenty-seven, and twenty-fourth May, eighteen hundred and twentyeight, be, and the same are hereby, confirmed. (a)

(a) See Nos. 117, 120, 134, 138, 145, 177, 245.

March 2, 1855.

Vol. 10, p. 634.

Canal selec

tions by Ohio,

under acts of 1827 and 1828, confirmed.

March 3, 1855. Vol. 10, p. 701.

Extension

of

No. 183.-AN ACT allowing the further time of two years to those holding lands by entries in the Virginia military district in Ohio, which were made prior to the first [of] January, eighteen hundred and fifty-two, to have the same surveyed and patented.

Be it enacted, &c., That the officers and soldiers of the Virginia line on time for making continental establishment, their heirs or assigns, entitled to bounty and returning surveys of Vir lands, which have, prior to the first day of January, anno Domini ginia military eighteen hundred and fifty-two, been entered within the tract reserved Bounty lands.

Act of 1854 repealed.

by Virginia, between the Little Miami and Sciota rivers, for satisfying the legal bounties to her officers and soldiers upon continental establishment, shall be allowed the further time of two years from and after the passage of this act to make and return their surveys and warrants, or certified copies of warrants, to the General Land Office.

SEC. 2. And be it further enacted, That the act entitled "An act allow ing the further time of two years to those holding lands by entries in the Virginia military district in Ohio, which were made prior to first January, eighteen hundred and fifty-two, to have the same surveyed and patented," approved December nineteenth, eighteen hundred and fiftyfour, be, and the same is hereby, repealed. (a)

(a) See Nos. 1, 8, 22, 27, 32, 35, 45, 46, 51, 58, 64, 66, 82, 93, 98, 112, 119, 121, 128, 146, 154, 159, 159, 166, 172, 174, 177, 180, 184, 187, 190.

June 22, 1860.
Vol. 12, p. 84.

Construction of act of 1852.

Proviso.

No. 184.-AN ACT to declare the meaning of the act entitled An act making further provisions for the satisfaction of Virginia land warrants," passed August thirty-one, eighteen hundred and fifty-two.

Be it enacted, &c., That the Secretary of the Interior, in executing the provisions of the act passed August thirty-one, eighteen hundred and fifty-two, entitled "An act making further provision for the satisfaction of Virginia land warrants," be required so to construe the same as to authorize the satisfaction in scrip of all warrants or parts of warrants issued on allowances made by the executive of Virginia prior to the first day of March, eighteen hundred and fifty-two, coming within the principles already recognized by the Department of the Interior in the execution of the provisions of the said act, and whether issued before or since the first day of March, eighteen hundred and fifty-two: Provided, however, That no warrant or part of a warrant shall be satisfied in scrip, founded or issued on any allowance made by the executive of Virginia since the first day of March, eighteen hundred and fifty-two. (a)

(a) See Nos 1, 8, 22, 27, 32, 35, 45, 46, 51, 58, 64, 66, 82, 93, 98, 112, 119, 121, 128, 146, 154, 159, 166, 172, 174, 177, 180, 183, 187, 190.

Feb. 9, 1863.
Vol. 12. p. 915.
Preamble.

No. 184a.-AN ACT to authorize the Court of Claims of the United States to hear and determine the claim of the heirs of Stephen Johnston, deceased. Whereas by an act of Congress, passed July twentieth, eighteen hundred and forty, for the relief of the children of Stephen Johnston, deceased, said heirs were thereby authorized to surrender to the United States certain lands, and to receive in lieu thereof a certificate "receivable in payment at any land office of the United States for any halfsection of land not subject to preemption;" and whereas said heirs, in pursuance of the provisions of said act, did, on the second day of February, anno Domini eighteen hundred and forty-one, surrender said land, and did receive a certificate as aforesaid, and did thereafter twice make application to the Commissioner of the General Land Office for the purchase of one half-section of the public lands of the United States with said certificate, which several applications were refused by said Commissioner, although at the time of said applications the lands applied for were duly authorized to be sold; and whereas it was the manifest intention of Congress, by the passage of said act, to give to said heirs the right to make choice of and purchase with said certificate any half-section of the public lands of the United States, in order to compensate said heirs for the loss of a judicious selection of land granted to them by the provisions of a treaty made by the United States with the Pottawatomie Indians on the sixteenth day of October, anno Domini eighteen hundred and twenty-six; and whereas since the passage of said act, and the issuing of said certificate, the most valuable lands of the United States have been disposed of and made subject to preëmption, and the holders of the certificate have been deprived of the use

thereof in the purchase of such valuable lands by reason of the decis ions aforesaid; and whereas there are now no public lands of the United States upon which said certificate could be used, affording anything like a just compensation to said heirs for the loss of a judicious selection for them under the provisions of the treaty aforesaid: Therefore

ston to be re

to

Be it enacted, &c., That the claim of the heirs of Stephen Johnston, Claim of heirs deceased, be, and the same is hereby, referred back to the Court of of Stephen JohnClaims of the United States, together with the record and papers of the ferred back to case of Stephen Johnston and others against the United States, formerly Court of Claims. heard in said court; thereupon said court is authorized and directed to Direction order proof to be taken of the value of such a selection of one half-sec- the court. tion of land within the boundaries of the treaty aforesaid as said heirs were justly and equitably entitled to, as it was on the second day of February, anno Domini eighteen hundred and forty-one; and in estimating the value of such a selection as it was on the day aforesaid, all or any improvements upon the land so valued shall not be considered, but the value of such a selection shall be estimated considering its natural advantages of position, &c., and any increase of value from extrinsic and general causes to the date aforesaid.

Value of selec

tion.

Court to add

To decide

on

of

SEC. 2. And be it further enacted, That when the value of such a selection shall be so ascertained by the proof, and thereupon determined by interest. the court, which is hereby required, said court shall add interest upon the value so determined from February second, eighteen hundred and forty-one, and thereupon to ascertain and determine what amount of land scrip of the United States, as hereinafter provided, may be neces- amount of land sary to be issued to said heirs in compensation and satisfaction of the scrip to be issued amount so ascertained and determined by the court. And thereupon to heirs. said court shall order the amount so ascertained to be issued. And the Secretary of the Interior of the United States shall, and he is hereby Secretary authorized and required, upon the order aforesaid, and the surrender of Interior to issue land scrip to the land certificate now held by said heirs to the United States, to Stephen Johncause to be issued to said heirs, to wit: To Stephen Johnston and ston, &c., Eliza his heirs and assigns, and to Eliza Winans and her heirs and as- Winans, &c. signs, in equal proportions, severally, land scrip of the United States to the amount ascertained and determined by the court as aforesaid, which scrip shall be receivable in payment for any lands of the United States subject to private entry, the minimum price of which does not exceed one dollar and twenty-five cents per acre for each acre mentioned in the certificates of scrip so issued; and said land scrip, if offered, shall, Scrip receiva ble in payment be receivable in payment of any lands of the United States the sale of for what. which is authorized by law, the value of said scrip to be estimated at one dollar and twenty-five cents for each acre of land there in named. That is to say, scrip for eighty acres of land shall be deemed to be of the value of one hundred dollars, and shall be received as so much money when offered in payment of land worth more than one dollar and twentyfive cents per acre, and the same rule shall apply to the scrip issued for a greater or less number of acres; and said land scrip shall, moreover, indorsement. be assignable by endorsement, attested by two witnesses, and shall be issued in legal subdivisions in the following manner, to wit: For each section to be issued one certificate of scrip for one hundred and sixty acres, four certificates for eighty acres each, and four certificates for forty acres each: Provided, That if there shall be any fraction less than forty acres to make up the amount to be issued, the same shall be so issued: And provided, further, That when so issued and delivered shall be in full satisfaction and adjustment of the claim aforesaid. (a) (a) See Nos. 153a, 171.

Assignable by

Attested. Issued in legal subdivisions.

Proviso.

Scrip to be in

full satisfaction of the claim.

March 2, 1868.
Vol. 15, p. 39.

Islands in the

No. 185.-AN ACT in relation to islands in the Great Miami River. Be it enacted, &c., That in the case of such islands in the Great Miami River, in the State of Ohio, as are undisposed of, or any vacant public lands adjacent thereto, which are in the actual and exclusive occupancy Great of any persons who have made improvements thereon, or of their heirs River. or assigns, such occupants thereof shall have the preference right to enter the same at two dollars and fifty cents per acre, on making proof of the facts to the satisfaction of the Commissioner of the General Land Office, and paying for the land within twelve months from the passage of this act, and patents shall issue for the tracts so entered as usual in entries of public lands. (a)

(a) See Nos. 11, 16, 21, 25, 29, 30, 32, 36, 39, 41, 43, 44, 47, 48, 52, 56, 59, 65, 76, 79, 80, 81, 83, 84, 85, 87, 88, 90, 99, 102, 108, 111, 113, 126, 130, 132, 133, 145, 155, 158, 175.

Miami

July 11, 1870.
Vol. 16, p. 230.

Title of the

No. 186.-AN ACT relinquishing whatever title may remain in the United States to a certain parcel of ground in Fremont, Ohio, to the corporation of Fremont.

Be it enacted, &c., That whatever title may remain in the United United States to States to a parcel of ground in the city of Fremont, (formerly Crogcertain land in bansville.) Ohio, laid out under the act of Congress of April twenty-six, Fremont, Ohio, eighteen hundred and sixteen, which is not included in any of the lots, granted to that out-lots, streets, and avenues of the city, but lying between the lots, town. streets, and avenues, and the Sandusky River, as indicated on the official plat of the town of Croghansville, be, and the same is hereby, relinquished to the corporation of Fremont. (a)

(a) See Nos. 95, 155, 163.

Feb. 18, 1871.
Vol. 16, p. 416.

Unsold Jands

No. 187.—AN ACT to cede to the State of Ohio the unsold lands in the Virginia military district in said State.

Be it enacted, &c., That the lands remaining unsurveyed and unsold in in the Virginia the Virginia military district in the State of Ohio be, and the same are military district hereby, ceded to the State of Ohio, upon the conditions following, to in Ohio, ceded to Ohio. wit: Any person who, at the time of the passage of this act, is a bonafide settler on any portion of said land may hold not exceeding one hundred and sixty acres so by him occupied by his pre-empting the same in such manner as the legislature of the State of Ohio may direct. (a)

Conditions.

(a) See Nos. 1, 8, 22, 27, 32, 35, 45, 46, 51, 58, 64, 66, 82, 93, 98, 112, 119, 121, 128, 146, 154 159, 166, 172, 174, 177, 180, 183, 184, 190.

March 1, 1873.
Vol. 17, p. 739.
Preamble.

Patent for land

No. 188.-AN ACT for the relief of Isabella Orange.

Whereas, Isabella Orange, widow of John C. Orange, late a private, Company D, Seventh Regiment West Virginia Volunteers, purchased and came into possession of the southeast quarter of the southeast quarter of section thirty-five, township four, range six, in Monroe County, Ohio, believing she had received a good title for the same; and whereas, she paid the purchase money for said lands out of the proceeds of her pension received on account of the death of her husband in the United States service, and she has made valuable improvements on said land; and whereas, said land has never been sold or disposed of by the United States Government: Therefore,

Be it enacted, &., That the Commissioner of the General Land Office in Ohio to issue be directed to issue a patent to Isabella Orange, of Monroe County, to Isabella Ohio, for the southeast quarter of the southeast quarter of section thirty-five, township four of range six, in Monroe County, Ohio.

Orange.

July 31, 1876.
Vol. 19, p. 121.

Land offices at

No. 189.-AN ACT making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and seventy

seven.

That the land offices at Chillicothe, Ohio, Indianapolis, Indiana, Chillicothe, In Springfield, Illinois, and the office of the recorder of land titles of the dianapolis, and Springfield, and State of Missouri are hereby abolished, from and after the thirtieth recorder of land day of September next and the Secretary of the Interior is hereby autitles of Missouri thorized to transfer to the States respectively aforesaid such of the abolished. transcripts, documents, and records of the offices aforesaid as may not be required for use of the United States, and as the States respectively Surveyor gen- in which said offices are situated may desire to preserve; and the office eral of Kansas of the surveyor-general of Kansas is hereby abolished from and after the thirtieth of September next. (a)

abolished.

(a) See Nos. 21, 25, 29, 30, 32, 35, 39,41, 44, 47, 52, 59, 65, 76, 79, 80, 81, 85, 88, 90, 99, 104, 132, 140, 158.

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