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Office upon such investigation as is provided for in section sixteen of this Act, to enter without payment of purchase money, fees, or commissions, such legal subdivisions, not exceeding one hundred and sixty acres, as shall include their said possession: Provided, however, That no person shall be entitled to enter more than one such tract, in his own right, under the provisions of this

section. Filing Sec. 18. That all claims arising under either of the two claims under adverse possession. next preceding sections of this Act shall be filed with the Time limit.

surveyor-general of the proper State or Territory within

two years next after the passage of this Act, and no claim Not to be ad- not so filed shall be valid. And the class of cases proCourt of Private vided for in said two next preceding sections shall not be

considered or adjudicated by the court created by this Lands ex. Act, and no tract of such land shall be subject to entry cluded from entry.

under the land laws of the United States.

of

Land Claims.

*

Approved, March 3, 1891 (26 Stat. 861).

Land

An Act To amend an Act establishing a Court of Private Land

Claims and to provide for the settlement of private land claims in certain States and Territories, approved March third, eighteen hundred and ninety-one.

Be it enacted by the Senate and House of Representa

tives of the United States of America in Congress assemCourt of Pri, bled, That the Act entitled '“ An Act to establish a Court vate Claims. of Private Land Claims and to provide for the settlement

of private land claims in certain States and Territories,” approved March third, eighteen hundred and ninety-one,

be, and the same is hereby, amended as follows, to wit: Adverse posses Section sixteen of chapter five hundred and thirty-nine sion,

Requirements of the public Acts of the second session of the Fifty-first modified.

Congress is hereby amended by striking out the words " residing thereon as his home," where they occur in the forty-first line of page eight hundred and sixty-one, volume twenty-six, United States Statutes.

That section seventeen of said Act be, and the same is

hereby, amended so as to read as follows: Surveyed town. “ SEC. 17. That in the case of townships heretofore ships.

surveyed in the Territories of New Mexico, Arizona, and Utah, and the States of Colorado, Nevada, and Wyoming, all persons who, or whose ancestors, grantors, or their lawful successors in title or possession, became citizens of the United States by reason of the treaty of Guadalupe

Hidalgo, or the terms of the Gadsden purchase, and who Entries by per have been in the actual continuous adverse possession of ty years adverse tracts, not to exceed one hundred and sixty acres each, possession.

for twenty years next preceding such survey, shall be entitled, upon making proof of such facts to the satisfac

2 Extended; see the act of July 3, 1916, and the act of June 15, 1922.

establish lines.

tion of the register and receiver of the proper land dis-
trict, and of the Commissioner of the General Land
Office, upon such investigation as is provided for in sec-
tion sixteen of this Act, to enter without payment of pur-
chase money, fees, or commissions such subdivisions, not
exceeding one hundred and sixty acres, as shall include Limit.
their said possessions.

"After a claim of the character described shall have been filed as directed in section eighteen of this Act, and it shall appear that a tract claimed as a foresaid is of such shape that the claimant can not readily secure his interests by an entry by legal subdivisions of the public surveys, the Commissioner of the General Land Office may cause such claim to be surveyed at the expense of Survey of ir

regular tracts. the United States, but the deputy surveyor performing the work shall not be paid for his services more than five dollars per day in addition to his necessary expenses. “Before commencing such a survey the deputy sur

Proceedings to veyor shall post, in at least three prominent places in the township in which such claim is situated, a notice in both the English and Spanish languages, calling on all persons entitled to lands in said township under this section, to submit to him within a reasonable time proofs of their rights in the lands, by affidavit or otherwise. He shall then proceed to establish the lines of such possessions in the township as seem to him to be valid, properly connecting the lines thereof with the lines of public surveys, and he shall return the aforesaid proofs to the surveyor general with the field notes of such claims and possessions. The surveyor general shall then, upon his ap- Approval

o i proval of said proofs and field notes of surveys, cause the said claim or claims to be platted and numbered as a lot or lots of the section or sections in which such claim or claims are situated, and shall transmit a duplicate of the amended plat to the General Land Office and a triplicate thereof to the proper district land office, after which the land claimed as aforesaid may be entered as a lot or lots by the number or numbers designated upon the amended township plat: Provided, however, That no person shall be entitled to enter more than one hundred ·and sixty acres in one or more tracts in his own right under the provisions of this section."

Section eighteen of said Act is hereby amended by Time extended striking out the words “the passage of this Act,” in the third and fourth lines of said section, and inserting in place thereof the words “the first day of December, eighteen hundred and ninety-two."

Approved, February 21, 1893 (27 Stat. 470).

Limit.

for

Extract from the sundry civil appropriation Act, approved April 28,

1904 (33 Stat. 452-485). Commissioner That all the powers now exercised by the Court of PriLand office me te vate Land Claims in the approval of surveys executed approveo surveys under its decrees of confirmation shall be conferred upon claims.

and exercised by the Commissioner of the General Land Office from and after the thirtieth day of June, nineteen hundred and four.

An Act To amend an Act' entitled "An Act to establish a Court of

Private Land Claims and to provide for the settlement of private land claims in certain States and Territories," approved March third, eighteen hundred and ninety-one, and the Acts amendatory thereto, approved February twenty-first, eighteen hundred and ninety-three, June twenty-seventh, eighteen hundred and ninetyeight, and February twenty-sixth, nineteen hundred and nine.

Be it enacted by the Senate and House of Representa

tives of the United States of America in Congress ascourt of porta sembled, That section eighteen of an Act entitled “An Claims. Act to establish a Court of Private Land Claims and

Filing of adverse possession to provide for the settlement of private land claims in claims for con certain States and Territories," approved March third,

eighteen hundred and ninety-one, as amended by the Act approved February twenty-first, eighteen hundred and ninety-three, and by the Act approved June twentyseventh, eighteen hundred and ninety-eight, and by the Act approved February twenty-sixth, nineteen hundred and nine, be, and the same is hereby, further amended by striking out the words“ before the fourth day of March, nineteen hundred and ten,” and inserting in lieu thereof the words “before the fourth day of March, nineteen hundred and seventeen," so that the first clause

of said section shall read as follows, namely: Time extended

“That all claims arising under either of the two next preceding sections of this Act shall be filed with the surveyor general of the proper State or Territory before the fourth day of March, nineteen hundred and

seventeen, and no claim not so filed shall be valid.” Lands excluded. Provided, That the extension herein granted shall not

apply to lands within the limits of a confirmed grant or embraced in any entry completed under the public land laws prior to filing of a claim hereunder, nor shall its provision extend to persons holding under assignments made after March third, nineteen hundred and one.

Approved, July 3, 1916 (39 Stat. 342).

An Act To provide for the settlement of small holding claims on

unsurveyed land in the State of New Mexico.

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 ide posses. to appear to the satisfaction of the deputy surveyor seyed olandesen making 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. Upon receipt of such survey and proofs the Commis- nissue of pat

. 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 of, or to patent for, more than one hundred and sixty acres in his own right by virtue of this section.

Time for filing All claims arising under this Act shall be filed with calme. 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 Grantsoe lots any city lot, town lot, village lot, farm lot, or pasture from corpora lot held under a grant from any corporation or town the themelite, not claim to which may fall within the provisions of this Act.

Approved, June 15, 1922 (42 Stat. 650).

RAILROAD GRANTS, SELECTIONS, RIGHTS OF

WAY, AND FORFEITURES.

Page.

340

343 341 345

346 349

349

351 354

353

355

GRANTS TO UNION PACIFIC AND CENTRAL PACIFIC RAIL

ROADS.—Act of July 1, 1862—Incorporated-Authorized to locate and construct railroad and telegraph line-Right of way—Materials-Grant

of land-Mineral lands-RouteCentral Pacific granted similar rights. Act of July 2, 1864—Limits of grant extended—Mineral lands not to in

clude 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-----
GRANTS TO NORTHERN PACIFIC RAILROAD.-Act of July 2,

1864—Incorporated-Authorized to locate and construct a railroad and
telegraph line-Right of way—Materials—Indian titles-Grant of

lands-Lieu lands-Mineral lands-Patents_ Act of April 10, 1869_Branch line in State of Washington.Act of May 31, 1870—May issue bonds-Lands unsold after five years

from completion of road-
GRANT TO ATLANTIC AND PACIFIC AND SOUTHERN PACIFIC

RAILROADS.-Act of July 27, 1866-Atlantic and Pacific Railroad
Co. incorporated-- Authorized to locate and construct railroad and tele.
graph line--Right of way--Materials-Indian titles-Grant of lands-
Lieu lands-Mineral lands—"Minerals " not to include coal and iron-
Patents-Similar rights to Southern Pacific Railroad in California to

connect with Atlantic and Pacific --
Act of June 28, 1870-Patents to Southern Pacific Railroad.
Act of March 3, 1871–Rights granted Southern Pacific Railroad in con-

necting with Texas Pacific --Act of April 20, 1871--Atlantic and Pacific Railroad authorized to issue

bonds secured by mortgage
Act of July 6, 1886—Forfeiture of grant adjacent to uncompleted por-

tion of road..
Act of March 3, 1897—Right of purchasers under mortgage-
Act of June 27, 1902-Authorized to sell or lease..
GRANTS TO OREGON AND CALIFORNIA RAILROAD.--Act of July

25, 1866–Authorized to locate and construct railroad and telegraph
line-Grant of lands-Lieu lands--Right of way-Materials Pat- .
ents--La to revert if company fails to comply-Mineral lands--Ma-

terial for construction
Act of June 25, 1868—Time for completion extended.-.
Act of April 10, 1869_Railroad allowed one year to file assent under act

of July 25, 1866--How and to whom granted lands may be sold.--
Act of June 9, 1916-Forfeiture of Oregon and California Railroad lands.
Act of May 31, 1918--Exchange of lands---
Act of October 21, 1918--Certain lands included in national forest.
Act of May 25, 1920—Sale of isolated tracts.
SALE TO GREAT NORTHERN RAILROAD.-Act of February 26,

1917-Sale of certain lands to Great Northern Railway Co, authorizech COOS BAY WAGON ROAD.-Act of February 26, 1919–Reconveyance

accepted -TAXATION OF RAILROAD LANDS.-Act of July 10, 1886_Railroad

grants not exempt from taxation. SURVEY OF RAILROAD LANDS.--Act of July 31, 1876—Railroad)

companies to pay costs of surveying granted lands. Act of March 2, 1895–Payment of costs of surveyAct of February 27, 1899-Payment of costs of survey. Act of June 25, 1910_Payment of costs of survey

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