Chapter CCC. *to revive and extend the Provisions of “An act granting the Right of Way and making a Grant of Land to the States of Arkansas and Missouri, to aid in the Construction of a Railroad from a Point upon the Mississippi opposite the Mouth of the Ohio River, via Little Rock, to the Texas Boundary, near P
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CHAP. CCC.— An Act *to revive and extend the Provisions of “An act granting the Right of Way and making a Grant of Land to the States of Arkansas and Missouri, to aid in the Construction of a Railroad from a Point upon the Mississippi opposite the Mouth of the Ohio River, via Little Rock, to the Texas Boundary, near Pulton, in Arkansas, with Branches to Fort Smith and the Mississippi River,” approved February 9, 1853, and for other Purposes.* July 28, 1866. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * The act granting right of way and lands to Arkansas and Missouri for railroad revived and extended for ten years.
That the “Act granting the right of way and making a grant of land to the States of Arkansas and Missouri to aid in the construction of a railroad from a point upon the Mississippi opposite the mouth of the Ohio River, via Little Rock, to the Texas boundary, near Fulton, in Arkansas, with branches to Fort Smith and the Mississippi River,” approved February nine, eighteen hundred and fifty-three, with all the provisions therein made, be, and the same is hereby, revived and extended for the term of ten years from the passage Lands heretofore granted and reverted to be restored to same custody and condition as at time reversion took place.Mineral lands reserved.Property and troops of the United States to be transported free of cost.of this act; and all the lands therein granted, which reverted to the United States under the provisions of said act, be, and the same are hereby, restored to the same custody, control, and condition, and made subject to the uses and trusts in all respects as they were before and at the time such reversion took effect: *Provided,* That all mineral lands within the limits of this grant and the grant made in section two of this act are hereby reserved to the United States: *And provided further,* That all property and troops of the United States shall at all times be transported over said railroad and branches at the cost, charge, and expense of the company or corporation owning or operating said road and branches respectively, when so required by the government of the United States.
Sec. 2. Additions to former grant for same uses and trusts. *And be it further enacted, *That there is hereby granted, added to, and made part of the donation of lands hereby renewed and made, subject to the same uses and trusts, and under the same custody, control, and conditions, and to be held and disposed of in the same manner as if Lands reserved or to which homestead or pre-emption rights have attached, excepted from grant.Whole grant not to exceed ten sections a mile.Lands, how only to be disposed of.included in the original grant, all the alternate sections and parts of sections, designated by odd numbers, lying along the outer line of lands heretofore granted, and within five miles on each side thereof, excepting lands reserved or otherwise appropriated by law, or to which the right of pre-emption or homestead settlement has attached: *Provided,* That the additional quantity of lands hereby granted, when added to the lands specified in section one hereof, shall not exceed, in the aggregate quantity of lands by this act granted, sufficient to amount to ten sections for each mile of railroad: *And provided further,* That the lands embraced in this grant and the grant revived by section one of this act shall be disposed of only as follows:
Whenever proof shall be furnished, satisfactorySections of ten consecutive miles. to the secretary of the Interior, that any section of ten consecutive miles of said road and branches is completed in a good, substantial, and workmanlike manner as a first-class railroad, the said Secretary of the Interior shall issue patents for all the lands granted as aforesaid, not exceeding ten sections per mile situate opposite to and within the limits of twenty miles of the section of said road and branches thus completed, THIRTY-NINTH CONGRESS.
Sess. I. Ch. 301, 302. 1866. 339 and when like proof shall be furnished that another section of ten miles of said road in said States or on the said branches respectively connecting with the preceding section is completed as aforesaid, the Secretary of the Interior shall issue patents in like manner as as in case of the first completed sections, and so on from time to time until the whole is completed as herein provided, when the Secretary of the Interior shall issue patents for all the remaining lands herein granted, not exceeding the aggregate amount provided for and located as required by sections one and two of this act: *And provided further,* That if one section of twentyIf twenty miles are not completed in three years, and at least twenty miles each year afterwards, and the whole in ten years, lands then unpatented to revert to the United States. miles of each of said railroads and branches shall not be fully constructed and completed as a first class railroad within three years from the time this act becomes a law, and at least one section of twenty miles on each of said roads and branches in each year thereafter, and the whole of said roads and branches within ten years from the time this act shall take effect, then and in either of said cases all the lands granted or the grant of which is revived or extended by this act, and which at the time shall be unpatented to or for the benefit of the road or company making or suffering such failure, shall revert to the United States.
Sec. 3. *And be it further enacted, *That all the lands mentioned in thisLands hereby granted to be reserved from entry, pre-emption, &c.Lands given to Missouri for Cairo and Fulton railroad.When to be patented to the State;may be held and used toward paying certain State bonds.When this act takes effect as relates to the Memphis and Little Rock, and Little Rock and Fort Smith branches of road. act, and hereby granted, are hereby reserved from entry, pre-emption, or appropriation to any other purpose than herein contemplated, for the said term of ten years from the passage of this act: *Provided,* That all lands heretofore given to the State of Missouri for the construction of the Cairo and Fulton railroad, or for the use of said road lying in the State of Missouri, and all lands proposed to be granted by this act for the use or in aid of the road herein named, and lying in said State of Missouri, shall be granted and patented to the said State whenever the road shall be completed through said State, which lands may be held by said State and used toward paying the State the amount of bonds heretofore issued by it to aid said company, and all interest accrued or to accrue thereon: *Provided further,* That the provisions of this act, so far as the same relate to the Memphis and.
Little Rock and the Little Rock and Fort Smith branches of said road, shall not take effect until the Secretary of the Interior shall make and file a certificate in his office and the office of the Secretary of State of Arkansas, stating that the companies or corporations claiming the benefit of this act in behalf of said branches have reorganized their boards of directors in a lawful manner, and, after such reorganization, that they have respectively rescinded all acts, resolutions, or other proceedings, transferring the lands, rights, or privileges of such corporations or companies to any convention, State, or authority recognizing or acting in concert with, or under the authority of the late so-called confederate states of America.
Approved, July 28, 1866.