attached as aforesaid, together with sections and parts of sections, designated by odd numbers as aforesaid, and appropriated as aforesaid) shall be held by said state for the use and purpose aforesaid: Provided, That, Lands not to be located more the lands to be so located shall in no case be further than twenty miles than twenty from the line of the said road, nor shall such selection or location be made miles from the in lieu of lands received under the said grant of June three, eighteen hun- road. dred and fifty-six, but such selections and locations may be made for the benefit of said state, and for the purpose aforesaid, to supply any deficiency under the said grant of June three, eighteen hundred and fifty-six, should any such deficiency exist.

Road from

Portage city,

or Fon du Lac to Bayfield, &c.

1856, ch. 43. Vol. xi. p. 20.

Reserved and preempted lands.

SEC. 3. And be it further enacted, That there be, and is hereby, granted to the state of Wisconsin, for the purpose of aiding in the construction of a railroad from Portage city, Berlin, Doty's Island, or Fon du Lac, as said state may determine, in a northwestern direction, to Bayfield, and thence to Superior, on Lake Superior, every alternate section of public land, designated by odd numbers, for ten sections in width on each side of said road, upon the same terms and conditions as are contained in the act granting lands to said state to aid in the construction of railroads in said state, approved June three, eighteen hundred and fifty-six. But in case it shall appear that the United States have, when the line or route of said road is definitely fixed, sold, reserved, or otherwise disposed of any sections or parts thereof, granted as aforesaid, or that the right of preemption or homestead has attached to the same, that it shall be lawful for any agent or agents of said state, appointed by the governor thereof, to select, subject to the approval of the Secretary of the Interior, from the lands of the United States nearest to the tier of sections above specified, as much public land in alternate sections, or parts of sections, as shall be equal to such lands as the United States have sold or otherwise appropriated, or to which the right of preemption or homestead has attached as aforesaid, which lands (thus selected in lieu of those sold and to which the right of preemption or homestead has attached as aforesaid, together with sections and parts of sections designated by odd numbers as aforesaid, and appropriated as aforesaid) shall be held by said state, or by the company to which she may transfer the same, for the use and purpose aforesaid: Provided, That the lands to be so located shall in no case be further than twenty miles from the tion of lands.

line of said road.

SEC. 4. And be it further enacted, That the sections and parts of sections of lands which shall remain to the United States within ten miles on each side of said roads shall not be sold for less than double the minimum price of the public lands when sold; nor shall any of the said reserved lands become subject to private entry until the same have been first offered at public sale at the increased price.

Limit and loca

Minimum price of remaining lands.

Time for com

roads extended.

SEC. 5. And be it further enacted, That the time fixed and limited for the completion of said roads in the act aforesaid of June three, eighteen pletion of former hundred and fifty-six, be and the same is hereby extended to a period of five years from and after the passage of this act.

Lands formerly granted and

SEC. 6. And be it further enacted, That any and all lands reserved to the United States by any act of congress for the purpose of aiding in any mineral lands object of internal improvement, or in any manner for any purpose what- exempted from soever, and all mineral lands be and the same are hereby reserved and this act, except as to right of excluded from the operation of this act, except so far as it may be found way. necessary to locate the route of such railroads through such reserved lands, in which case the right of way only shall be granted, subject to the approval of the President of the United States.

Patents for the

when and how

SEC. 7. And be it further enacted, That whenever the companies to which this grant is made, or to which the same may be transferred, shall granted lands, have completed twenty consecutive miles of any portion of said railroads, to issue. supplied with all necessary drains, culverts, viaducts, crossings, sidings,

Certificate of the governor of Wisconsin.

Lands to be applied only to the purposes of the roads.

bridges, turn-outs, watering-places, depots, equipments, furniture, and all other appurtenances of a first-class railroad, patents shall issue conveying the right and title to said lands to the said company entitled thereto, on each side of the road, so far as the same is completed, and coterminous with said completed section, not exceeding the amount aforesaid, and patents shall in like manner issue as each twenty miles of said road is completed: Provided, however, That no patents shall issue for any of said lands unless there shall be presented to the Secretary of the Interior a statement, verified on oath or affirmation by the president of said company, and certified by the governor of the state of Wisconsin, that such twenty miles have been completed in the manner required by this act, and setting forth with certainty the points where such twenty miles begin and where the same end; which oath shall be taken before a judge of a court of record of the United States.

SEC. 8. And be it further enacted, That the said lands hereby granted shall, when patented as provided in section seven of this act, be subject to the disposal of the companies respectively entitled thereto, for the purposes aforesaid, and no other, and the said railroads be, and shall remain, public highways for the use of the government of the United States, free public highways from all toll or other charge, for the transportation of any property or troops of the United States.

Roads to be

for the use of the United States.

Roads, when to be completed.

If not, lands unsold to revert to the United States.

8.

May 5, 1864.

1820, ch. 104, §

Vol. iii. p. 587.
Section eight

of former act
amended.

1865, ch. 48. Post, p.

434.

streets, sewerage, drainage.

SEC. 9. And be it further enacted, That if said road mentioned in the third section aforesaid is not completed within ten years from the time of the passage of this act, as provided herein, no further patents shall be issued to said company for said lands, and no further sale shall be made, and the lands unsold shall revert to the United States.

APPROVED, May 5, 1864.

CHAP. LXXXI-An Act to amend "An Act to incorporate the Inhabitants of the City of Washington," passed May fifteen, eighteen hundred and twenty.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first paragraph of section eight of "An act to incorporate the inhabitants of the city of Washington," passed May fifteenth, eighteen hundred and twenty, be amended so as to read as follows: That the said corporation shall have full power and authority to lay taxes on particular wards, parts, or sections of Taxes for local the city, for their particular local improvements, and to cause the curbimprovements, stones to be set, the foot and carriage ways to be graded and paved, or so much thereof as they may deem best, and the necessary sewerage and drainage facilities to be introduced under and upon the whole or any portion of any avenue, street, or alley, and also to cause the same to be suitably paved and repaired, and to be at all times properly cleaned and watered, and also to cause lamps to be erected therein, and to light the same, and to pay the cost thereof out of the funds of the ward in which such improvement shall be made; this provision not to be construed as repealing, but being intended as auxiliary to the power they already possess to make local improvements on the application of the owners of property benefited thereby.

Person to be

that streets are

cleaned, watered, kept in repair,

&c.

SEC. 2. And be it further enacted, That immediately upon the approval appointed to see of this act the said corporation shall designate some proper officer thereof whose duty it shall be to see that the provisions of this act are properly executed, and that the principal avenues and streets of the said city are so cleaned and watered as to be at all times reasonably clean and free from dust; and also to keep the pavements and side-walks upon said avenues and streets at all times in suitable and proper repair; and it shall further be the duty of the said corporation to take such measures as they shall deem wise to promote some uniform and general system of drainage for said city.

The United States to pay its

SEC. 3. And be it further enacted, That in all cases in which the streets, avenues, or alleys of the said city pass through or by any of the property proportion for of the United States, the commissioner of the public buildings shall pay to improvements in the duly authorized officer of the corporation the just proportion of the certain streets. expense incurred in improving such avenue, street, or alley, which the said property bears to the whole cost thereof, to be ascertained in the same manner as the same is apportioned among the individual proprietors of the property improved thereby.

APPROVED, May 5, 1864.

CHAP. LXXXII. —An Act for the Relief of the Settlers upon certain Lands in California. May 5, 1864.

Claimants of certain lands

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any and all persons claiming, whether as preemptors or settlers, or under any grant or title, any certain a grant of the lands included within the exterior boundaries of a certain grant for for the rancho the rancho San Ramon, situate in the county of Contra Costa, in Cali- San Ramon, may contest the locafornia, made to Bartolo Pacheco and Mariana Castro by Don José Figuetion thereof. roa, governor of Upper California, on or about the tenth day of June, eighteen hundred and thirty-three, and which claim, or two leagues thereof, has been confirmed by the district court of the United States in separate moieties, one in the name of Horace W. Carpenter, and the other in the name of Rafael Soto de Pacheco and others, by a decree of said court made and entered on or about the fourth day of June, eighteen hundred and sixty-two, shall have the right in all courts to contest the correctness of the location of the lands so confirmed, within the said exterior boundaries, notwithstanding any official or approved survey thereof now made or hereafter to be made under the said decree of confirmation, and notwithstanding any stipulation or consent given by the district attorney of the United States authorizing such locations.

to any of these

settlers thereon

shall have a patent, &c.

SEC. 2. And be it further enacted; That in case it shall be found that If the United the United States have title to any of said lands within said exterior States has title boundaries, which have been settled upon and improved by any person, lands, bona fide in good faith, under a bona fide claim of title, such occupant, and each settler upon said lands so situated, shall be entitled to enter and receive a patent for one hundred and sixty acres of land, including his improvements, upon payment, at the proper land-office, of the government price of one dollar and twenty-five cents per acre, and proving that he was one of the actual and bona fide settlers on said lands, and had made improvements thereon before the passage of this act.

SEC. 3. And be it further enacted, That this act shall take effect immediately.

APPROVED, May 5, 1864.

When this act takes effect.

CHAP. LXXXIII. - An Act to regulate the Admeasurement of Tonnage of Ships and May 6, 1864. Vessels of the United States.

[Amended, 1865, ch. 70. Post, p. 444.] Ships and vesStates, how to

sels of the United

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every ship or vessel built within the United States, or that may be owned by a citizen or citizens thereof, on or after the first day of January, eighteen hundred and sixty- be measured and five, shall be measured and registered in the manner hereinafter provided; registered. also every ship or vessel that is now owned by a citizen or citizens of the United States shall be remeasured and reregistered upon her arrival after said day at a port of entry in the United States, and prior to her depar

ture therefrom, in the same manner as hereinafter described: Provided, Proviso.
That any ship or vessel built within the United States after the passage
of this act may be measured and registered in the manner herein pro-
vided.

SEC. 2. And be it further enacted, That the register of every vessel Register to ex

press what.

shall express her length and breadth, together with her depth and the height under the third or spar deck, which shall be ascertained in the Tonnage-deck. following manner: The tonnage-deck, in vessels having three or more decks to the hull, shall be the second deck from below; in all other cases Vessel's length, the upper deck of the hull is to be the tonnage-deck. The length from the forepart of the outer planking, on the side of the stem, to the afterpart of the main sternpost of screw steamers, and to the afterpart of the rudderpost of all other vessels measured on the top of the tonnage-deck, shall be accounted the vessel's length. The breadth of the broadest part on the outside of the vessel shall be accounted the vessel's breadth of beam. A measure from the under side of tonnage-deck plank, amidships, to the ceiling of the hold (average thickness) shall be accounted the depth of hold. If the vessel has a third deck, then the height from the top of the tonnage-deck plank to the under side of the upper-deck plank shall be accounted as the height under the spar-deck. All measurement to be taken in feet and fractions of feet; and all fractions of feet shall be expressed in decimals.

breadth of beam,

depth of hold,

height under spar-deck.

Measurements, in what taken, and how expressed.

Register tonnage, to be what and how ascertained.

Table of classes of vessels.

Class first,

second,

third,

fourth,

fifth,

sixth.

Transverse

area of vessel,

SEC. 3. And be it further enacted, That the register tonnage of a vessel shall be her entire internal cubical capacity in tons of one hundred cubic feet each, to be ascertained as follows: Measure the length of the vessel in a straight line along the upper side of the tonnage-deck, from the inside of the inner plank (average thickness,) at the side of the stem to the inside of the plank on the stern timbers, (average thickness,) deducting from this length what is due to the rake of the bow in the thickness of the deck, and what is due to the rake of the stern-timber in the thickness of the deck, and also what is due to the rake of the stern-timber in one third of the round of the beam; divide the length so taken into the number of equal parts required by the following table, according to the class in such table to which the vessel belongs :

TABLE OF CLASSES.

Class 1.Vessels of which the tonnage length according to the above measurement is fifty feet or under, into six equal parts.

Class 2. Vessels of which the tonnage length according to the above measurement is above fifty feet, and not exceeding one hundred feet long, into eight equal parts.

Class 3. Vessels of which the tonnage length according to the above measurement is above one hundred feet long, and not exceeding one hundred and fifty feet long, into ten equal parts.

Class 4.- Vessels of which the tonnage length according to the above measurement is above one hundred and fifty feet, and not exceeding two hundred feet long, into twelve equal parts.

Class 5.- Vessels of which the tonnage length according to the above measurement is above two hundred feet, and not exceeding two hundred and fifty feet long, into fourteen equal parts.

Class 6. Vessels of which the tonnage length according to the above measurement is above two hundred and fifty feet long, into sixteen equal parts.

Then, the hold being sufficiently cleared to admit of the required how ascertained. depths and breadths being properly taken, find the transverse area of such vessel at each point of division of the length as follows: :

Measure the depth at each point of division from a point at a distance of one third of the round of the beam below such deck, or, in case of a break, below a line stretched in continuation thereof, to the upper side of the floor-timber, at the inside of the limber-strake, after deducting the average thickness of the ceiling, which is between the bilge-planks and limber-strake; then, if the depth at the midship division of the length do not exceed sixteen feet, divide each depth into four equal parts; then measure the inside horizontal breadth, at each of the three points of divis

Transverse

ion, and also at the upper and lower points of the depth, extending each
measurement to the average thickness of that part of the ceiling which is
between the points of measurement; number these breadths from above,
(numbering the upper breadth one, and so on down to the lowest breadth ;) area.
multiply the second and fourth by four, and the third by two; add these
products together, and to the sum add the first breadth and the last, or
fifth; multiply the quantity thus obtained by one third of the common in-
terval between the breadths, and the product shall be deemed the trans-
verse area; but if the midship depth exceed sixteen feet, divide each
depth into six equal parts, instead of four, and measure, as before direct-
ed, the horizontal breadths at the five points of division, and also at the
upper and lower points of the depth; number them from above as before;
multiply the second, fourth, and sixth, by four, and the third and fifth by
two; add these products together, and to the sum add the first breadth and
the last, or seventh; multiply the quantities thus obtained by one third of
the common interval between the breadths, and the product shall be
deemed the transverse area.

Having thus ascertained the transverse area at each point of division of the length of the vessel, as required above, proceed to ascertain the register tonnage of the vessel in the following manner:

Number the areas successively one, two, three, &c., number one being at the extreme limit of the length at the bow, and the last number at the extreme limit of the length at the stern; then whether the length be divided according to table, into six or sixteen parts, as in classes one and six, or any intermediate number, as in classes two, three, four, and five, multiply the second, and every even-numbered area, by four, and the third and every odd-numbered area (except the first and last) by two; add these products together, and to the sum add the first and last, if they yield anything; multiply the quantities thus obtained by one third of the common interval between the areas, and the product will be the cubical contents of the space under the tonnage-deck; divide this product by one hundred, and the quotient, being the tonnage under the tonnage-deck, shall be deemed to be the register tonnage of the vessel, subject to the additions hereinafter mentioned.

Register tonnage, how ascer tained;

when there is a break, or poop, on upper or spar

If there be a break, a poop, or any other permanent closed-in space on the upper decks, on the spar-deck, available for cargo, or stores, or for the berthing or accommodation of passengers or crew, the tonnage of such deck; space shall be ascertained as follows:

Measure the internal mean length of such space in feet, and divide it into an even number of equal parts of which the distance asunder shall be most nearly equal to those into which the length of the tonnage-deck has been divided; measure at the middle of its height the inside breadths, namely, one at each end and at each of the points of division, numbering them successively one, two, three, &c.; then to the sum of the end breadths add four times the sum of the even-numbered breadths and twice the sum of the odd-numbered breadths, except the first and last, and multiply the whole sum by one third of the common interval between the breadths; the product will give the mean horizontal area of such space; then measure the mean height between the planks of the decks, and multiply by it the mean horizontal area; divide the product by one hundred, and the quotient shall be deemed to be the tonnage of such space, and shall be added to the tonnage under the tonnage-decks, ascertained as aforesaid.

If a vessel has a third deck, or spar-deck, the tonnage of the space between it and the tonnage-deck shall be ascertained as follows: Measure in feet the inside length of the space, at the middle of its height, from the plank at the side of the stem, to the plank on the timbers at the stern, and divide the length into the same number of equal parts into which the length of the tonnage-deck is divided; measure (also at

when there is a third deck.