United States of America in Congress assembled, That the selection of Swamp and overflowed Lands granted to the several States by the act of Congress, approved September twenty-eight, eighteen hundred and fifty, entitled "An Act to enable the State of Arkansas and other States to reclaim the Swamp Lands within their limits," and the Act of the second of March, eighteen hundred and forty-nine, entitled "An Act to aid the State of Louisiana in draining the Swamp Lands therein," heretofore made and reported to the Commissioner of the General Land Office, so far as the same shall remain vacant and unappropriated, and not interfered with by an actual settlement under any existing law of the United States, be and the same are hereby confirmed, and shall be approved and patented to the said several States in conformity with the provisions of the act aforesaid, as soon as may be practicable after the passage of this law; provided, however, That nothing in this Act contained shall interfere with the provisions of the act of Congress entitled "An Act for the relief of purchasers and locators of swamp and overflowed lands," approved March second, eighteen hundred and fifty-five, which shall be and is hereby contained in force, and extended to all entries and locations of lands claimed as swamp lands made since its passage." Approved March 3, 1857.

4. "An Act to extend the provisions of 'An Act to enable the State of Arkansas and other States to reclaim the Swamp Lands within their limits,' to Minnesota and Oregon and for other purposes."

"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of the Act of Congress, entitled "An Act to enable the State of Arkansas and other States to reclaim the Swamp Lands within their limits, Approved September twenty-eight, eighteen hundred and fifty, be and the same are hereby extended to the States of Minnesota and Oregon: Provided, That the Grant hereby made shall not include any lands which the Government of the United States may have reserved, sold or disposed of (in pursuance of any law heretofore enacted,) prior to the confirmation of title to be made under the authority of the said act."

"SEC. 2. And be it further enacted, That the selections to be made from the lands already surveyed in each of the States, including Minnesota and Oregon, under the authority of the Act aforesaid, and of the Act to aid the State of Louisiana in draining the

Swamp Land therein, approved March second, one thousand eight hundred and forty-nine, shall be made within two years from the adjournment of the Legislature of each State at its next session after this Act. And as to all lands hereafter to be surveyed, within two years from such adjournment at the next session, after notice by the Secretary of the Interior to the Governor of the State, that the surveys have been completed and confirmed."

Approved March 2, 1860.—(U. S. Stat. at large, 1859–60, p. 3.) This act requires the State to complete its selections of Swamp land within two years from the adjournment of the next session of the General Assembly after the passage of the act.

The Extra Session of the General Assembly convened on the 15th of May, 1861, adjourned on the 29th of that month. If this session is considered in the construction of said act the time for the State to complete her selections expired on the 29th of May last. The next regular session was doubtless contemplated, and that adjourned April 8th, 1862, giving till April 8th, 1864, to make any additional selections that the State desires.

2. The following is a brief synopsisof State legislation upon this subject up to this time:

1. "An Act in relation to the Swamp Lands within this State." Passed February, 1851.

This Act authorizes the Commissioner of the State Land Office to take such steps as he may think necessary to secure to the State the lands granted by Act of Sept. 28, 1850, and to dispose of the same; the proceeds of such sales after defraying expenses of selecting, reclaiming, &c., to be paid into the State Treasury. And requires the Governor to discharge the duties enjoined therein on the Commissioner until such time as the Commissioner of the Land Office should be elected and qualified; and to discharge such other duties as he may think the interest of the State requires.

It also gives the County Surveyors authority to contract (subject to the approval of the Governor) for the making of levees and drains to reclaim the land. (3d Session, Chap. 69.)

2. "An Act to dispose of the swamp and overflowed lands within this State, and to pay the expenses of selecting and surveying the same." Passed January 13, 1853.

This Act grants these lands to the counties in which they lie;

provides for their selection by Agents, to be appointed by the County Courts in the several counties; provides for the protection, sale and reclamation of said lands, and places them under the control and management of the County Court.-(Acts 1853 p 29.)

3. "An Act, supplemental to an Act, entitled: "An Act to dispose of the swamp and overflowed lands within this State, and to pay the expenses of selecting and surveying the same," approved January 13, 1853. Approved January 24,

1853.

This Act requires the selection agent to makes his report to the Secretary of State, and makes it the duty of the Secretary to forward the same to the Surveyor General.-(Acts 1853, p 116.)

4.

"An Act providing for the collection of money due to the State of Iowa from the Government of the United States, arising from the disposition of the Swamp Lands, and for selecting the Swamp Lands, and securing the title to the same. Passed January 25, 1855.

This Act authorizes the Governor to draw from the United States any money accruing to this State on account of the disposition of any of the Swamp Lands, and makes it his duty to pay the same into the State Treasury. It provides that the Governor, Auditor and Secretary of State shall constitute a Board to ascertain how much of such money is due to each county, &c. And authorizes the Governor to adopt such measures as he thinks best to secure to the State the Swamp Lands, &c.-(Acts 1855, Chap. 138, p 261.

5. An Act to amend an act entitled "An Act to dispose of the Swamp and overflowed land within this State." Approved Jan. 13, 1853.

Approved Jan. 25, 1855.

This Act forbids any of the Counties unorganized at the date of its passage from disposing of its Swamp Lands till the title thereto is perfected; requires the Counties to refund to the State expenses incurred in selecting the land with ten per cent. interest. And provides that in the then organized Counties where the Swamp Lands are irreclaimable, the proceeds thereof may be appropriated to the erection of public buildings after a submission to a vote of the people. It requires the Drainage Commissioner in such cases to pay over the proceeds of such land to the County Treasurer, and provides that Swamp Land shall not be sold at less than $1,25 per acre. (Acts 1855, p. 173.)

6. "A Bill to prevent Trespass or waste on Swamp or other Lands in the State of Iowa and for other purposes." Approved Jan. 25, 1855.

This Act provides for preventing trespass and waste on Swamp Lands and also provides for the granting of pre-emption rights. (Acts 1855, p. 228.)

7. "An Act to amend An Act entitled An Act to dispose of the Swamp or overflowed lands within the State and pay the expenses of selecting and surveying the same, approved Feb. 2, (Jan 13) 1853." Approved July 15, 1856.

This act requires all moneys arising from Swamp Land to be paid into the County Treasury, and to be paid out only on orders from the County Judge and Swamp Land Commissioner. It provides also for loaning the Swamp Land fund. (Acts Ex. Ses. 1856, p. 83.)

8. "An Act in relation to the Swamp Lauds of this State." Approved January 24, 1857.

This Act simply repeals all laws granting pre-emption-rights on swamp lands. (Acts 1857, p. 127.)

9. “An Act making an appropriation for Swamp Land purposes." Approved Jan. 27, 1858.

This Act authorizes the Governor to appoint an agent to go to Washington and effect a settlement of the Swamp Land business with the United States. Also two or more agents to complete the selections in unorganized counties.

It makes an appropriation for the expenses, and provides for refunding the same to the State with interest. (Acts 1858, p. 3.)

10. "An Act for the relief of Swamp Land pre-emptors." Approved March 22, 1858.

This Act only extends the time for persons to prove up and perfect their pre-emptions who had valid claims on the 5th of September, 1857. (The act repealing pre-emption rights took effect July 1, 1857.) Acts 1858, p. 198.)

11. "An Act to authorize the counties to use the Swamp Lands to aid in the construction of Railroads and Seminary buildings." Approved March 22, 1858.

This Act authorizes the counties to devote the proceeds of the Swamp Lands to the erection of buildings for educational purposes, building of Roads and Bridges and Railroads, after the question

has been voted on and carried by the citizens at an election. It provides also that counties may sell or dispose of their Swamp lands to any person for any of the objects above enumerated. Such purchaser taking the same upon the conditions of the grant of September 28, 1850, and releasing the State and County from all liability thereunder. (Acts 1858, p. 256.)

12. This Act is amended by Chap. 77, Acts of 1862, authorizing the counties, in addition to the objects specified, to devote the proceeds of the swamp lands to the permanent school fund. (Acts 1862, p. 78.)

13. "An Act to authorize the Governor and Board of County Supervisors to appoint agents in regard to Swamp Lands belonging to the State of Iowa, and defining their duties." Approved April 8, 1862.

This Act provides:

SEC. 1. That the Governor may appoint agents to settle the Swamp Laud matters with the Commissioner of the General Land Office.

SEC. 2. That when Scrip is issued to the State under act of Congress of March 2, 1855, it shall be deposited in the State Land office, &c., and when money is refunded under said act it shall be deposited in the State Treasury, subject to the order of the Board of Supervisors.

SEC. 3. That when the Scrip is received the Register shall notify the Governor who shall appoint an agent to locate it.

SEC. 4. That the Agent shall locate the Scrip and report to the State Land Office.

SEC. 5. That the Register shall file and record the report and send a certified copy of it to the General Land Office, and demand and receive a patent for the land, and shall notify the Governor when the patent is received, and that the Governor shall patent to the county.

SEC. 6. That the agents shall give bonds.

SEC. 7. That the agents shall act under instructions of the Governor and Register, but shall not receive any of the money from the government.

SEC. 8. That upon information that any of the money due the State can be obtained, the Register shall notify the Treasurer of that fact, and also to what county it belongs.

SEC. 9. That the Treasurer shall notify the county when any