Page:United States Statutes at Large Volume 14.djvu/272

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THIRTY-NINTH CONGRESS. Sess. I. Ch. 242, 243, 244. 1866.

Companies to obtain consent of States, where road and telegraph line do not pass through public lands. Sec. 11. And be it further enacted, That the said companies named in this act shall obtain the consent of the legislatures of their respective States, and be governed by the statutory regulations thereof in all matters pertaining to the right of way, wherever the said road and telegraph line shall not pass over or through the public lands of the United States.

Act may be amended, &c. Sec. 12. And be it further enacted, That Congress may at any time, having due regard for the rights of said California and Oregon railroad companies, add to, alter, amend, or repeal this act.

Approved, July 25, 1866.



July 25, 1866.

CHAP. CCXLIII. — An Act to change the Place of holding Court in the Northern District of Georgia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,District court for northern district of Georgia to be held at Atlanta. That the district court for the northern district of Georgia shall hereafter be held at Atlanta, instead of Marietta; and the clerk of said northern district is hereby required to remove all the books, papers, and records belonging to his office from Marietta to Atlanta.

Process. Sec. 2. And be it further enacted, That all process made returnable to the court heretofore held at Marietta shall be taken and considered returnable to the court at Atlanta.

Approved, July 25, 1866.



July 25, 1866.

CHAP. CCXLIV. — An Act granting to A. Sutro the Right of Way, and granting other Privileges to aid in the Construction of a Draining and Exploring Tunnel to the Comstock Lode, in the State of Nevada.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, for the purpose of the construction of a deep draining andRight of way granted to A. Sutro, &c. to construct a mining, &c. tunnel, &c. exploring tunnel to and beyond the "Comstock lode," so called, in the State of Nevada, the right of way is hereby granted to A. Sutro, his heirs and assigns, to run, construct, and excavate a mining, draining, and exploring tunnel; also to sink mining, working, or air shafts along the line or course of said tunnel, and connecting with the same at any point which may hereafter be selected by the grantee herein, his heirs or assigns. TheDimensions of tunnel, where to commence, &c. said tunnel shall be at least eight feet high and eight feet wide, and shall commence at some point to be selected by the grantee herein, his heirs or assigns, at the hills near Carson River, and within the boundaries of Lyon County, and extending from said initial point in a westerly direction seven miles, more or less, to and beyond said Comstock lode; andRight of way to extend northerly and southerly &c. the said right of way shall extend northerly and southerly on the course of said lode, either within the same, or east or west of the same; and also on or along any other lode which may be discovered or developed by the said tunnel.

A. Sutro may purchase not over two sections of public land at mouth of tunnel, for use thereof.

Sec. 2. And be it further enacted, That the right is hereby granted to the said A. Sutro, his heirs and assigns, to purchase, at one dollar and twenty-five cents per acre, a sufficient amount of public land near the mouth of said tunnel for the use of the same, not exceeding two sections, and such land shall not be mineral landNot to be mineral lands, &c. or in the bona fide possession of other persons who claim under any law of Congress at the time of the passage of this act, and all minerals existing or which shall be discovered therein are excepted from this grant; thatUpon filing plat, land to be withdrawn from sale.

Patent to issue.

Certain mineral veins and lodes may be purchased.
upon filing a plat of said land the Secretary of the Interior shall withdraw the same from sale, and upon payment for the same a patent shall issue. And the said A. Sutro, his heirs and assigns, are hereby granted the right to purchase, at five dollars per acre, such mineral veins and lodes within two thousand feet on each side of said tunnel as shall be cut, discovered, or developed by running and constructing the same, through its entire extent, with all the dips, spurs, and angles of such lodes, subject, however, to the