Chapter XCII. *granting to the State of Michigan the Right of Way, and a Donation of Public Land for the Construction of a Ship Canal around the Falls of St
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Chap. XCII.— An Act *granting to the State of Michigan the Right of Way, and a Donation of Public Land for the Construction of a Ship Canal around the Falls of St. Mary’s, in said State.*August 26, 1852. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That there be, andRight to locate a casual round the Falls of St. Mary granted to Michigan. is hereby, granted to said State, the right of locating a canal through the public lands, known as the military reservation at the Falls at St.
Mary’s Hiver in said State; and that four hundred feet of land in width extending along the line of such canal be, and the same is hereby granted, to be used by said State, or under the authority thereof for the construction and convenience of such canal, and the appurtenances thereto, and the use thereof is hereby vested in said State forever, for the purposes aforesaid, and no other: *Provided*, That in locating the line ofProviso as to route. said canal through said military reservation, the same shall be located on the line of the survey heretofore made for that purpose, or such other route between the waters above and below said falls, as under the approval of the Secretary of War may be selected. *And provided further*, That said canal shall be at least one hundred feet wide, with a depth ofSize of the canal. water twelve feet, and the locks shall be at least two hundred and fifty feet long, and sixty feet wide.
Sec. 2. *And be it further enacted,* That there be, and hereby is granted750,000 thousand acres of land granted to Michigan to anable it to construct said canal. to the said State of Michigan, for the purpose of aiding said State in constructing and completing said canal, seven hundred and fifty thousand acres of public lands, to be selected in subdivisions, agreeably to the United States surveys, by an agent or agents to be appointed by the Governor of said State, subject to the approval of the Secretary of the Interior, from any lands within said State, subject to private entry.
Sec. 3. *And be it further enacted,* That the said lands hereby granted, Said lands to be applied to no other use. shall be subject to the disposal of the Legislature of said State for the purposes aforesaid and no other; and the said canal shall be, and remain a public highway for the use of the Government of the United States, freeNo toll to be charged to the United States. from toll or other charge upon the vessels of said government engaged36THIRTY-SECOND CONGRESS. Sess. I.
Ch. 95. 1852. in the public services, or upon vessels employed by said government in the transportation of any property or troops of the United States. Sec. 4. *And be it further enacted,* Proceeds of sales of said lands to be paid to the U. S. if said canal is not commenced within three and completed within ten years.That if the said canal shall not be commenced within three and completed within ten years, the said State of Michigan shall be bound to pay to the United States, the amount which may be received upon the sale of any part of said lands by said State not less than one dollar and twenty-five cents per acre, the title to the purchasers under said State remaining valid.
Sec. 5. *And be it further enacted,*Accounts to be kept and rendered annually, and until sold State is fully reimbursed it may charge a toll for the use of said canal, end afterwards only enough to keep it in repair, &c. That the Legislature of said State shall cause to be kept, an accurate account of the sales and net proceeds of the lands hereby granted and of all expenditures in the construction, repairs and operating of said canal, and of the earnings thereof, and shall return a statement of the same annually to the Secretary of the Interior; and whenever said State shall be fully reimbursed for all advances made for the construction, repairs, and operating of said canal, with legal interest on all advances, until the reimbursement of the same, or upon payment by the United States, of any balance of such advances over such receipts from said lands and canal, with such interest, the said State shall be allowed to tax for the use of said canal, only such tolls as shall be sufficient to pay all necessary expenses for the care, charge, and repairs of the same.
Sec. 6. *And be it further enacted,*Route of tlio canal to be established and tiled before said lands can bo sold. That before it shall be competent for said State to dispose of any of the lands to be selected as aforesaid, the route of said canal shall be established as aforesaid, and a plat or plats thereof shall be filed in the office of the War Department, and a duplicate thereof, in the office of the Commissioner of the General Land-Office. Approved, August 26, 1852.