Chapter CXXVI. *amendatory of an Act entitled “An Act to further provide for giving Effect to the various Grants of public Lands to the State of Nevada, approved June eighth, eighteen hundred and sixty-eight*
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CHAP. CXXVI.— An Act *amendatory of an Act entitled “An Act to further provide for giving Effect to the various Grants of public Lands to the State of Nevada, approved June eighth, eighteen hundred and sixty-eight*. March 3, 1871.1868, ch. 55, § 4.Vol. xv. p. 68. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Selection of agricultural college lands by California. That section four of an act entitled “An act to further provide for giving effect to the various grants of public lands to the State of Nevada,” be, and the same is hereby, amended so as to read as follows:
And it is further enacted that the lands granted to the State of California for the establishment of an agricultural college by the act of July second, eighteen hundred and1862, ch. 130.Vol. xii. p. 508.1866, ch. 209.Vol. xiv. p. 208. sixty-two, and acts amendatory thereto, may be selected by said State from any lands within said State, subject to pre-emption, settlement, entry, sale, or location, under any laws of the United States. Such selection may be made in any legal subdivisions, adjoining by sides, so as to constitute bodies of not less than one hundred and sixty acres; or they may be made in separate subdivisions of forty, eighty, or one hundred and twenty acres, respectively: *Provided*, That this privilegeLimitation to privilege of selection.If certain lands are selected, they arc to be taken, &c. and California shall pay, &c. shall not extend to lands upon which there may be rightful claims under the pre-emption and homestead laws, nor to mineral lands : *And provided further*, That if lands be selected as aforesaid, the minimum price of which is two dollars and fifty 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 fu*[*rt*]*her*, That where lands,Where lands sought to be selected are unsurveyed. sought to be selected for the agricultural college, are unsurveyed, the proper authorities of 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 StatesSurvey. surveyor-general for a survey of the same, 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 theLocation. agricultural college, and within said thirty days the proper authorities 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*,Pre-emption and homestead rights not affected.
That any rights, under the pre-emption or homestead laws, acquired prior to the filing of the required statement with the United States register, shall not be impaired or affected by this act: *And provided further*,Selections, how to be made. That such selections shall be made in every other respect subject to the conditions, restrictions, and limitations contained in the acts hereby modified. Approved, March 3, 1871.