1. Public lands

Act July 1, 1862, held to have granted to the Central Pacific Railroad Company of California ill prmsenti right of way for its road through the territory of Nevada over all land which was then public land of the United States the title of the company to which attached on the definite location of its route as of the date of the act, and any rights acquired by others to the lands under the land laws subsequent to that, date held subject to such grant.

2. Public lands 92 — Grant of right of way to Central Pacific Railroad Company unconditional.

In Act July 1, 1862, granting to the Union Pacific Railroad Company and the Central Pacific Railroad Company of California right of way through the public lands and also subsidy lands, the conditions attached to the subsidy grant that the lands shall be free from homestead or other claims at the date of definite location are not contained in the grant of right of way, and do not apply thereto, but such grant applies to all lands the title to which was then in the United States and which were then subject to disposition by Congress.

3. Public lands @=>92 — Congress may grant right of way over, irrespective of state action.

It is within the jurisdiction of Congress to grant to a railroad company right of way through public lands of the United States in a state or territory, and the exercise of such power is' not dependent on legislative action by state in which the company is incorporated or by the state or territory in which the land lies.

4. Public lands @=>31 — Settler on unsurveyed land acquires no vested right against the government.

A settler upon unsurveyed public land acquires no vested right until survey and entry which will prevent the government from otherwise disposing of the land.

5. Public lands <§=>92 — Unsurveyed land is “public land,” although occupied by settler.

A tract of land within the unsurveyed lands of the United States in the territory of Nevada held “public land,” within the meaning of Act July 1, 1862, § 2, granting right of way through the public lands to the Central Pacific Kailroad Company of California, although a part of such tract was then occupied by a settler, who afterward filed a preemption claim thereon.

[Ed. Note. — For other definitions, see Words and Phrases, First and Second Series, Public Land.]

6. Public lands @=>34 — Statutory conditions to pre-emption right of settler.

Under Act June 2, 1862, a settler on unsurveyed public land acquired no pre-emption right, unless he complied with the requirement of the act by filing notice of the specific tract claimed within six months after the survey in the field.

7. Public lands <§=>92 — Patent to pre-emption subject to railroad right of way.

A patent for a pre-emption, following proceedings in the Land Office, in which the claim was filed subsequent to the grant of a right of way to a railroad company, held to convey title subject to such right of way.