Feb. 23, 1859. tain lands in Florida. No. 1697.—AN ACT to authorize the claimants in right of John Huertas to enter Vol. 11, p. 564. certain lands in Florida. Claimants un- Be it enacted, &c., That the claimants in right of John Huertas to a der John Huertas tract of six thousand acres in Florida, confirmed by the Supreme Court may enter cer of the United States at the January term in eighteen hundred and thirty-four, be, and they are hereby, authorized to enter, at any land office in the State of Florida, the quantity of three thousand three hundred and thirty-two acres and thirty-hundredths of an acre of any of the public lands in that State subject to private entry, the same being in addition to the area of two thousand six hundred and sixty-seven acres and seventy-hundredths of an acre surveyed for said claim, and designated as section forty-eight, in township nine south, of range twenty-seven east, in the St. Augustine land district, Florida, and being the difference between the quantity embraced by said survey and the six thousand acres confirmed for said claim as aforesaid; and the register and receiver of any of the aforesaid land offices shall receive the proper applications and proofs, and shall issue the necessary certificate; upon the return of which to the General Land Office, with satisfactory proof of the rights of the claimants, a patent shall issue for the lands so located: Provided, Said land shall not be located upon any land within six miles of any railroad. Proviso. March 3, 1859. Land claim of derwood to be settled, &c. No. 1698.-AN ACT to provide for the final settlement of the land claim of the persons claiming as heirs of, or under Jehu Underwood, as purchasers or otherwise to certain land in Florida, and to confirm the title to the proper owner or owners. Be it enacted, &c., That the claim and title, derived from the Spanish heirs of Jehu Un Government, by John or Jehu Underwood to land in the State of Florida, so far as the same remains unsettled, shall be received and adjudicated by the judge of the district court of the northern district of Florida, upon the petition of the heirs of said Underwood, or of any other person or persons claiming under him as purchasers or otherwise, according to the forms, rules, and regulations prescribed by Congress in similar cases, and in the same manner, in all respects, as such claim would have been received and adjudicated if said claim had been presented within the time prescribed by the several acts of Congress for presenting the same for confirmation. And so far as said claim is unsettled and is found to be valid, the said district court shall, and is hereby, authorized and required to enforce the location thereof to the person or persons entitled thereto, as heirs, purchasers, or otherwise, under the same rules and regulations as have been exercised in regard to other mill grants in Florida. April 13, 1860. No. 1699.—AN ACT to settle the titles to lands along the boundary line between the Claims to cer &c. Be it enacted, &c., That whenever the dividing line between the States tain lands, grant- of Georgia and Florida shall have been finally surveyed, approved, ed by Georgia, ratified, and confirmed, as the boundary between those States, the Secwhich may fall in Florida, to be retary of the Interior shall be and is hereby, authorized to adjudicate confirmed when, upon principles of equity and justice, all claims, under sales or grants by the State of Georgia, to lands which may fall within the State of Florida, and all of said claims which may be approved by him shall be If Georgia first and are hereby ratified and confirmed: Provided, however, that the confirms certain State of Georgia shall first ratify and confirm all sales and grants made grants by the United States of by the United States of lands in Florida which may fall within the lands in Florida. limits of the State of Georgia under the final adjustment of the boundary line aforesaid. (a) (a) See Nos. 957, 961, 967, 1268, 1624, 1629, 1630, 1631, 1633, 1634, 1636, 1640, 1641, 1643, 1647. 1677, 1700, 1701, 1704, 1710. June 22, 1860. No. 1700.-AN ACT for the final adjustment of private land claims in the States of Florida, Louisiana, and Missouri, and for other purposes. [See LOUISIANA, No. 957.] No. 1701-AN ACT to extend the provisions of an act entitled "An act for the final adjustment of private land claims in the States of Florida, Louisiana, and Missouri, and for other purposes." [See LOUISIANA, No. 961.] No. 1702.-AN ACT to confirm the title of Ethan Ray Clarke and Samuel Ward Clarke to certain lands in the State of Florida, claimed under a grant from the Spanish Government. March 2, 1867. Vol. 14, p. 544. July 4, 1868. Be it enacted, &c., That the title of Ethan Ray Clarke and Samuel Title of Ethan Ward Clarke to a tract of land five miles square on Black Creek, south Ray Clarke and Samuel Ward of Saint Mary's River, in the State of Florida, and bounded as follows: Clarke to certain upon one side by the Saint Mary's River, and upon the other side by land in Florida vacant lands, being the same lands to which an exclusive right to take confirmed. the timber was granted by the Spanish Government to John Underwood, and upon which he erected a saw-mill in eighteen hundred and five, and which was kept up and continued for many years, be, and the same is hereby, confirmed: Provided, however, That nothing herein contained shall operate to the prejudice of any claim which may be set up to said land by reason of any previous sale thereof; nor shall this act in any way prejudice any claimant under the said John Underwood, or any person deriving title or claim thereto under said Underwood, his heirs or assigns, or of any person or persons who may be entitled to pre- not affected. emption rights under any existing laws of the United States. No. 1703.—A RESOLUTION granting the right of way to the Pensacola and Bar. rancas Railroad Company through the naval and military reservations near Pensacola, Florida. Resolved, &c., That the right of way is hereby granted to the Pensacola and Barrancas Railroad Company to construct their road upon and through the naval and military reservations near Pensacola, Florida, under such regulations, restrictions, and conditions as the Secretary of the Navy and the Secretary of War may prescribe. (a) (a) See Nos. 1621, 1654, 1658, 1659, 1682, 1690, 1691, 1706, 1707, 1709, 1712. Adverse rights Jan. 30, 1871. Right of way to the Pensacola and Barrancas Railroad Co No. 1704.—AN ACT to settle and quiet the titles to lands along the boundary line April 9, 1872. between the States of Georgia and Florida. Vol. 17, p. 52. Titles to cer Be it enacted, &c., That the titles to all lands lying south of the line dividing the States of Georgia and Florida, known as the Orr and Whit- tain lands in ner line, lately established as the true boundary between said States, Georgia and and north of the line run by Georgia, known as the Watson line, being derived from the Florida, so far as all the lands lying between said lines, be, and the same are hereby, United States, confirmed, so far as the United States has title thereto, in the present confirmed. owners deriving titles from the State of Georgia. (a) (a) See Nos. 957, 961, 967, 1268, 1624, 1629, 1630, 1631, 1633, 1634, 1636, 1640, 1641, 1643, 1647, 1677, 1699, 1700, 1701, 1710. No. 1705.—AN ACT supplementary to an act entitled "An act to aid in the construction of telegraph lines, and to secure to the Government the use of the same for postal, military, and other purposes," approved July twenty-fourth, eighteen hun. dred and sixty-six. June 4, 1872. Vol. 17, p. 219. certain public subdivision. Be it enacted, &c., That the International Ocean Telegraph Company International shall have the right to pre-empt and use public lands at the following Ocean Telegraph stations in Florida on the line of telegraph belonging to said Telegraph Company may Company, to wit: at the two ends of the cables on Sinabel Island, the pre-empt, &o, station at Punta Rasa, near the mouth of the Caloosahatchie River, the lands in Florida. station at Fort Myers, the points where the line of telegraph crosses the Only the smallCaloosahatchie River, the station at Pine Island, and the stations at est fractional Branch River, Bartow, and Tuckertown, each forty acres; such lands' being public lands, and now actually used by the International Ocean Telegraph Company of the State of New York: Provided, That whenever any one of the smallest legal subdivisions at any one of the stations designated is less than forty acres, by reason of the land lying adjacent to the Gulf of Mexico, or any bay or river, the said company shall pre-empt only such smallest fractional subdivision upon which the buildings and offices of the company are located. June 4, 1872. No. 1706.—AN ACT granting the right of way through the public lands for the construction of a railroad and telegraph in Florida. Vol. 17, p. 224. Right of way Be it enacted, &c., That the right of way through the public lands be, through public and the same is hereby, granted to the Great Southern Railway Comlands in Florida, granted to the pany, a corporation created under the laws of the State of Florida, its Great Southern successors and assigns, for the construction of a railroad and telegraph Railway Com from the Saint Mary's River, in the State of Florida, to Key West, in pany for railroad said State, together with a branch road from the most eligible point on and telegraph. grant. said road to Tampa Bay and Caloosa Entrance, in said State; and the right, power, and authority are hereby given to said corporation to take, from the public lands adjacent to the line of said road, materials for the Extent of construction thereof. Said way is granted to said railroad to the extent of one hundred feet in width on each side of the central line of said road where it may pass through the public domain, including grounds for station-buildings, workshops, depots, machine-shops, switches, sidetracks, turn-tables, and water-stations, to an amount not exceeding twenty acres, for each ten miles in length of the main line of said railAcceptance of road: Provided, That within one year from the passage of this act the this act, and map said company shall file with the Secretary of the Interior its acceptfiled within, &c. ance of the terms of this act, and a map of the route, exhibiting the line Road to be com- of the road and its branch, as the same has been located, and shall completed in ten plete said road within ten years of the passage of this act. It shall be the duty of the said company to permit any other railroad which has Other roads been or shall be authorized by the United States, or by the State of may form run- Florida, to form running connections with its road on fair and equitable ning connec terms. In case of disagreement, such terms shall be fixed by the Secre of route to be years. tions. tary of the Interior. Road to be a SEC. 2. That said road shall be a post-route and a military road; and post-route and Congress at any time, having due regard for the rights of said company, military road. Rates. may fix rates of tariff for transportation of troops, materials of war, and mails, and may add to, alter, or amend this act. Act may be altered. SEC. 3. That Congress reserves it to itself the right to alter, amend, or repeal this act whenever in its judgment the interests of the people may require it. (a) (a) See Nos. 1621, 1654, 1658, 1659, 1682, 1690, 1691, 1703, 1707, 1709, 1712. June 7, 1872. Jacksonville and pany. No. 1707. -AN ACT granting the right of way through the public lands to the Jacksonville and Saint Augustine Railroad Company. Be it enacted, &c., That there is hereby granted to the Jacksonville through public and Saint Augustine Railroad Company, the same being a corporation lauds granted to existing under the laws of the State of Florida, the right of way through Saint Augustine the public lands of the United States between Jacksonville and Saint Railroad Com- Augustine, for one hundred feet in width on each side of the track of said railroad and of any of its branches, with the right to take from said Extent of lands, or from any of the public lands adjacent thereto, stone, timber, grant. earth, or other material, to be used in the construction and repair of said Land for de- railroad; and said company shall also have the right to enter upon any pots, side-tracks, of the public lands or lots of land, the property of the United States, and take the same for depots, shops, side-tracks, or other necessary uses No military res. of said railroad: Provided, That no lot or tract of land so taken shall ervation to be exceed forty acres in any one place. No military reservation shall be crossed, unless, crossed or appropriated unless the consent of the Secretary of War be first obtained, and then only under such restrictions as he shall establish. tal and military Said road shall be a postal and military road, and Congress shall have the right to alter, amend, or repeal this act as shall in its discretion be deemed best. (a) &c. Limit. &c. Road to be pos road. (a) See Nos. 1621, 1654, 1658, 1659, 1682, 1690, 1691, 1703, 1706, 1709, 1712. June 8, 1872. Vol. 17, p. 335. No. 1708.-AN ACT to create an additional land district in Florida. Be it enacted, &c., That that portion of Florida lying east of the line East Florida between ranges fourteen and fifteen east shall constitute an additional land district es- land district, and shall be known as the East Florida district, the office tablished. for which shall be located at Jaynesville. SEC. 2. That there shall be appointed a register and a receiver for Register and said land district, and who shall be entitled to the same compensation receiver, and their pay. as is, or may hereafter be, prescribed by law for like officers of the other district in said State. (a) (a) See Nos. 1630, 1632, 1667, 1688, 1689. No. 1709.-AN ACT granting the right of way through the public lands to the June 8, 1872. [See ALABAMA, No. 1621.] No. 1710.-AN ACT to extend the provisions of an act entitled "An act for the final adjustment of private land claims in the States of Florida, Louisiana and Missouri, and for other purposes." [See LOUISIANA, No. 967.] June 10, 1872. No. 1711.-AN ACT to confirm to William Marvin the title to seven thousand acres of land in the State of Florida. March 3, 1873. Preamble. Whereas, under the act of Congress, approved June twenty-second, eighteen hundred and sixty, entitled "An act for the final adjustment of private land claims, in the States of Florida, Louisiana, and Missouri, and for other purposes," and extended by an act of Congress, approved March second, eighteen hundred and sixty-seven entitled "An act to extend the provisions of an act entitled 'An act for the final adjustment of private land claims in the States of Florida, Louisiana, and Missouri, and for other purposes,"" the register and the receiver at the land office at Tallahassee, Florida, acting as commissioners under the acts aforesaid have reported to the Commissioner of the General Land Office that there ought to be confirmed to William Marvin, who holds under Bernardo Segui, under class two, under the third section of the act first aforesaid, a tract of land containing seven thousand acres, in the State of Florida, on the east side of the Saint John's River, between the place Description. called Dunn's Lake and that known as Horse Landing, including in said tract of land the place called Buffaloe Bluff, and includes parts of sections twenty-eight, thirty-three, thirty-four, thirty-five, thirty-six, and thirty-nine, in township ten south, of range twenty-six east; and sections and parts of sections one, two, three, eleven, twelve, and thirtynine, in township eleven south, of range twenty-six east; and parts of sections five, six, seven, eight, and forty, in towship eleven south, of range twenty-seven east; which claim is based upon a grant or concession by the Spanish Government to Bernardo Segui, before the twentyfourth of January, eighteen hundred and eighteen; and whereas the Commissioner of the General Land Office has approved the report of the said commissioners, and has reported the same to Congress for its action, and recommended the confirmation of the title to the said seven thousand acres of land to the said William Marvin, as the legal representative of Bernardo Segui: Therefore, Seven thousand acres of land in Florida con firmed to William Marvin. Be it enacted, &c., That the said seven thousand acres of land in the State of Florida, on the Saint John's River, and as further described above, be, and the same are hereby, confirmed to the said William Marvin; and that all the right, title, and interest of the United States in and to the same be, and the same are hereby, granted and confirmed unto the said William Marvin: Provided, however, That this act shall Proviso. not affect any adverse right or title to the said lands or any part thereof, and shall not create any liability on the part of the United States. No. 1712.-AN ACT granting the right of way through the public lands to construct and maintain a railroad. March 3, 1875. Right of way Be it enacted, &c., That the right of way through the public lands is hereby granted to Daniel P. Holland, the proprietor of the Jacksonville, granted to Daniel Pensacola and Mobile Railroad, his associates, successors and assigns, P. Holland for for the construction of a railroad in the States of Florida and Alabama Pensacola and Jacksonville, from the present terminus of said railroad on the Apalachicola River, Mobile Railroad. in the State of Florida, through the States of Florida and Alabama, to the city of Mobile, Alabama; and from a point on the line of said railroad to the city of Pensacola; and from a point opposite the corporate Grounds for stations, &c. limits of the city of Jacksonville, on the Saint John's River, to the city of Saint Augustine, Florida; and the right, power, and authority are hereby granted to said Daniel P. Holland, his successors, assigns, or associates to take from the public lands adjacent to the line of said railway, to the extent of one hundred feet in width on each side of the central line of said road where it may pass through the public lands, Right to mate- material for the construction and maintenance thereof; and the neces rials. sary grounds for stations and depots, or other necessary places, such as turn-outs and water-stations, are hereby granted to said Daniel P. Holland, his successors or assigns, to an amount not exceeding twenty acres for each ten miles in length of main line of railroad where it may pass through the public lands: Provided, That within one year from the passage of this act the said Daniel P. Holland, proprietor of the JackAcceptance sonville, Pensacola and Mobile Railroad, his successors, assigns, or and map of route; associates shall file with the Secretary of the Interior his acceptance of when to be filed. this act and the map of the routes exhibiting the line of the road and Right to materials; when to the right to take material shall cease upon the completion of the said cease. Said road to be road. SEC. 2. That said railroad shall be a post-route and a military road, a post route and and Congress at any time may fix rates of tariff for troops, materials of military road; tariff of rates. war, and mails, and may add to, alter, or amend this act. Repeals. Time allowed SEC. 3. That all acts and parts of acts conflicting with this act be, and they are hereby, repealed. SEC. 4. That if the said road shall not be completed and put in operafor completion. tion within five years after the passage of this act all rights herein granted shall cease and determine. (a) (a) See Nos. 1621, 1654, 1658, 1659, 1682, 1690, 1691, 1703, 1706, 1707, 1709. March 3, 1879. Reserved lands in Florida. Restored to entry and sale. Proviso. Appropriation. No. 1713.-AN ACT to authorize the Secretary of the Navy to transfer to the Secretary of the Interior, for entry and sale, all lands in the State of Florida not needed for naval purposes. Be it enacted, &c., That the Secretary of the Navy be, and he is hereby, authorized to cause an examination to be made of the condition of all lands in the State of Florida which have been set apart or reserved for naval purposes, excepting the reservation upon which the navy-yard at Pensacola is located, and to ascertain whether or not such reserved lands are or will be of any value to the Government of the United States for naval purposes. SEC. 2. That all of said lands which, in the judgment of the Secretary of the Navy, are no longer required for naval purposes shall, as soon as practicable, be certified by him to the Secretary of the Interior, and be subject to entry and sale in the same manner and under the same conditions as other public lands of the United States: Provided, That all persons who have, in good faith, made improvements on said reserved Îands so certified at the time of the passage of this act, and who occupy the same, shall be entitled to purchase the part or parts so occupied and improved by them, not to exceed one hundred and sixty acres to any one person at one dollar and twenty-five cents per acre within such reasonable time as may be fixed by the Secretary of the Interior. SEC. 3. That the sum of three thousand dollars, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to enable the Secretary of the Navy to carry out the provisions of this act. (a) (a) See Nos. 1630, 1635, 1651, 1652, 1667, 1670, 1672, 1634, 1691, 1692, 1695, 1714. June 9, 1880. in conflict with No. 1714.-AN ACT to confirm certain entries and warrant locations in the former Vol. 21, p. 171. Homestead en- Be it enacted, &c., That in all cases in which lands lying within the tries in limits of limits of the former Palatka military reservation in Florida have been Palatka military entered by settlers under the homestead laws, and their entries are reservation and found to conflict with selections by the State of Florida under the grant swamp land se of swamp lands by act of Congress of September twenty-eighth, eighteen lections con-hundred and fifty, which are confirmed by the act of March third, eighteen firmed. hundred and fifty-seven, and in which said settlers have in good faith complied with the requirements of the homestead laws, their entries be, and the same are hereby, confirmed, on the State filing with the |