An Act To provide for the settlement of small holding claims on unsurveyed land in the State of New Mexico. Recognition of Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in township surveys hereafter to be Public lands. made in the State of New Mexico, if it shall be made bona fide possesto appear to the satisfaction of the deputy surveyor sion of unsurmaking such survey that any person has, through him- New Mexico. self, his ancestors, grantors, or their lawful successors in title or possession, been in the continuous adverse actual bona fide possession, residing thereon as his home, of any tract of land or in connection therewith of other lands, all together not exceeding one hundred and sixty acres, in such township for twenty years next preceding the time of making such survey, the deputy surveyor shall recognize and establish the lines of such possession and make the subdivision of the adjoining lands in Description in accordance therewith. Such possession shall be accu- when surveyed. rately defined in the field notes of the survey and delineated on the township plat, with the boundaries and area of the tract as a separate legal subdivision. The deputy surveyor shall return with his survey the name or names of all persons so found to be in possession, with a proper description of the tract in the possession of each as shown by the survey, and the proofs furnished to him of such possession. township plats Issue of pat Upon receipt of such survey and proofs the Commis- ents to claimants. sioner of the General Land Office shall cause careful investigation to be made in such manner as he shall deem necessary for the ascertainment of the truth in respect of such claim and occupation, and if satisfied upon such investigation that the claimant comes within the provisions of this section, he shall cause patents to be issued to the parties so found to be in possession for the tracts respectively claimed by them: Provided, however, That no person shall be entitled to confirmation Limitation. of, or to patent for, more than one hundred and sixty acres in his own right by virtue of this section. Proviso. Time for filing All claims arising under this Act shall be filed with claims. the surveyor general of New Mexico within two years. next after the passage of this Act, and no claim not so filed shall be valid. No tract of such land shall be subject to entry under the land laws of the United States: And provided further, That this Act shall not apply to any city lot, town lot, village lot, farm lot, or pasture lot held under a grant from any corporation or town the claim to which may fall within the provisions of this Act. Approved, June 15, 1922 (42 Stat. 650). Proviso. from corpora- tions, RAILROAD GRANTS, SELECTIONS, RIGHTS OF WAY, AND FORFEITURES. GRANTS TO UNION PACIFIC AND CENTRAL PACIFIC RAILROADS.-Act of July 1, 1862-Incorporated-Authorized to locate and construct railroad and telegraph line-Right of way-Materials-Grant of land-Mineral lands-Route-Central Pacific granted similar rights. Act of July 2, 1864-Limits of grant extended-Mineral lands not to include coal and iron-Timber Act of June 24, 1912-Certain conveyances legalized__. Act of October 10, 1919-Authorized to convey part of right of way----- Act of April 10, 1869-Branch line in State of Washington__ GRANT TO ATLANTIC AND PACIFIC AND SOUTHERN PACIFIC Page. 340 343 • 344 345 346 349 349 351 Act of June 28, 1870-Patents to Southern Pacific Railroad_ 354 355 Act of April 20, 1871-Atlantic and Pacific Railroad authorized to issue bonds secured by mortgage__ 355 Act of July 6, 1886-Forfeiture of grant adjacent to uncompleted portion of road___ 356 356 Act of March 3, 1897-Right of purchasers under mortgage. Act of June 25, 1868-Time for completion extended. Act of April 10, 1869--Railroad allowed one year to file assent under act 356 356 360 361 361 369 Act of October 21, 1918-Certain lands included in national forest. 370 370 SALE TO GREAT NORTHERN RAILROAD.-Act of February 26, 1917--Sale of certain lands to Great Northern Railway Co, authorized. COOS BAY WAGON ROAD.-Act of February 26, 1919-Reconveyance accepted 371 373 TAXATION OF RAILROAD LANDS.-Act of July 10, 1886-Railroad grants not exempt from taxation_ 376 SURVEY OF RAILROAD LANDS.-Act of July 31, 1876-Railroad 377 378 379 380 SETTLERS' ADJUSTMENTS AND FORFEITURES-GENERAL.Act of June 22, 1874 Entries on railroad lands may be completed and company select lieu lands____ Act of March 3, 1875-Settlers may locate on unoccupied lands.... Act of April 21, 1876-Entries prior to notice of withdrawal may be per- Act of March 3, 1879-May enter 160 acres-Additional entries_. Act of January 13, 1881 Settlers not qualified to enter may purchase Act of March 3, 1887-Forfeitures-Bona fide settlers may perfect claims_ Page. 381 382 382 383 384 384 385 385 388 Act of August 29, 1890-Act of June 22, 1874, extended to settlers hav- • ing unrecorded patents_ Act of September 29, 1890--Unearned lands forfeited-Settlers-Purchasers from the Northern Pacific Railroad Co. of certain lands in the State of Washington-Forfeited lands not to inure to the benefit of grantee___ 388 388 Act of June 25, 1892-Extension of time to settlers and purchasers_ Act of February 18, 1891–Extension of time for purchasers and settlers on forfeited lands to complete claims-_-_ 391 391 392 394 395 395 396 *396 397 Act of January 31, 1893-Extension of time to settlers and purchasers__ Act of January 23, 1896-Same-- Act of February 12, 1896-Purchase price to be paid to the Government-- Act of March 4, 1913-Indian settlers in Arizona, New Mexico, and Act of April 11, 1916-Time extended.. Act of June 3, 1896-Entrymen on second indemnity belt in Minne- 397 398 39S 399 400 Act of July 1, 1898-Settlers on railroad lands-Lieu lands by railroad- 401 Act of March 2, 1899-Selections in lieu of lands in Mount Rainier National Park 404 Act of March 2, 1901-Act of July 1, 1898, extended__ 405 405 Act of February 27, 1917-Act of July 1, 1898, applicable to lands in 406 Act of February 28, 1919-Settlers on lands within certain Indian reservations in Montana_ 406 RAILROAD RIGHTS OF WAY.-Act of March 3, 1875-Rights of way, materials, station grounds, etc--- 407 Act of March 3, 1899-Survey plats of wagon road, railroad, or other right of way across forest reservations___ 408 Act of February 27, 1901-Flowage rights over railroad lands in Minnesota 408 Act of June 26, 1906-Railroad rights of way in Oklahoma and Arizona confirmed 409 Act of June 26, 1906-Right of way forfeited where road is not con- 410 410 Act of June 22, 1916-Right of way over Vancouver Barracks, Wash. 411 Page. RIGHTS OF WAY THROUGH INDIAN LANDS.-Act of March 2, 1899-Right of way through Indian lands.. 412 Act of June 21, 1906-Same--- 416 415 DISPOSITION OF PART OF RIGHT OF WAY.-Act of May 25, 1920-Railroads may sell part of right of way for public roads_--Act of March 8, 1922-Disposition of abandoned portions of right of way road. ration. 416 417 Numerous grants of public lands have been made by Congress for the purpose of aiding in the construction of railroads. The most of these grants have been adjusted and closed, or practically so. The principal Acts, or parts thereof, donating lands for this purpose, which are of any special importance at the present time, are given on the following pages in connection with other laws relating to the subject. GRANTS TO UNION PACIFIC AND CENTRAL PACIFIC An Act To aid in the construction of a railroad and telegraph line from the Missouri River to the Pacific Ocean, and to secure to the Government' the use of the same for postal, military and other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress asPacific rail sembled, That [certain persons mentioned] are hereby created and erected into a body corporate and politic in Name of corpo- deed and in law, by the name, style, and title of "The Union Pacific Railroad Company;" and by that name shall have perpetual succession, and shall be able to sue and to be sued, plead and be impleaded, defend and be defended, in all courts of law and equity within the United Common seal. States, and may make and have a common seal; and the said corporation is hereby authorized and empowered to lay out, locate, construct, furnish, maintain, and enjoy a Railroad and continuous railroad and telegraph, with the appurtenances, from a point on the one hundredth meridian of longitude west from Greenwich, between the south margin of the valley of the Republican River and the north margin of the valley of the Platte River, in the Territory of Nebraska, to the western boundary of Nevada Territory, upon the route and terms hereinafter provided, and is hereby vested with all the powers, privileges, and immunities necessary to carry into effect the purposes of this Act as herein set forth. telegraph. Right of way. Materials. SEC. 2. And be it further enacted, That the right of way through the public lands be, and the same is hereby, granted to said company for the construction of said railroad and telegraph line; and the right, power, and authority is hereby given to said company to take from the public lands adjacent to the line of said road, earth, stone, timber, and other materials for the construction thereof; said right of way is granted to said railroad to the extent of two hundred feet in width on each side of said railroad where it may pass over the public lands, including all necessary grounds for stations, buildings, workshops, and depots, machine shops, switches, side tracks, turntables, and water stations. The United Indian titles to be extin. States shall extinguish as rapidly as may be the Indian guished. tions of land Lands, when subject to settle ment, etc. SEC. 3. And be it further enacted, That there be, and is Alternate sechereby, granted to said company, for the purpose of aid- granted to coming in the construction of said railroad and telegraph pany. line, and to secure the safe and speedy transportation of the mails, troops, munitions of war, and public stores thereon, every alternate section of public land, designated by odd numbers, to the amount of five alternate sections per mile on each side of said railroad, on the line thereof, and within the limits of ten miles on each side of said road, not sold, reserved, or otherwise disposed of by the United States, and to which a preemption or homestead claim may not have attached, at the time the line of said road is definitely fixed: Provided, That all Mineral lands. mineral lands shall be excepted from the operation of this Act; but where the same shall contain timber, the timber thereon is hereby granted to said company. And all such lands, so granted by this section, which shall not be sold or disposed of by said company within three years after the entire road shall have been completed, shall be subject to settlement and preemption, like other lands, at a price not exceeding one dollar and twenty-five cents per acre, to be paid to said company.1 SEC. 4. And be it further enacted, That whenever said, Patents for company shall have completed forty consecutive miles of how to issue. any portion of said railroad and telegraph line, ready for the service contemplated by this Act, and supplied with all necessary drains, culverts, viaducts, crossings, sidings, bridges, turnouts, watering places, depots, equipments, furniture, and all other appurtenances of a first class railroad, the rails and all the other iron used in the construction and equipment of said road to be American manufacture of the best quality, the President of the United States shall appoint three commissioners to examine the same and report to him in relation thereto; and if it shall appear to him that forty consecutive miles of said railroad and telegraph line have been completed and equipped in all respects as required by this Act, then, upon certificate of said commissioners to that effect, patents shall issue conveying the right and title to said lands to said company, on each side of the road as far as the same is completed, to the amount aforesaid; and patents shall in like manner issue as each forty miles of 1 Amended by sec. 4 of the Act of July 2, 1864. lands, when and Commissioners. |