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patents

to

be

third, eighteen hundred and ninety-one, be, and the same

is hereby, amended so as to read as follows: Suits to annul “Sec. 8. That suits by the United States to vacate and brought in six annul any patent heretofore issued shall only be brough years.

within five years from the passage of this act, and suits
to vacate and annul patents hereafter issued shall only be
brought within six years after the date of the issuance of
such patents.”
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Approved, March 3, 1891 (26 Stat., 1093).

An Act To provide for the extension of the time within which suits may

be brought to vacate and annul land patents, and for other purposes.

suits

to

annul

cially withdrawn.

Timo limit in Be it enacted by the Senate and House of Representatives rallroad grants. of the United States of America in Congress assembled, That

suits by the United States to vacate and annul any patent to lands heretofore erroneously issued under a railroad or wagon road grant shall only be brought within five years from the passage of this act, and suits to vacate and annul patents hereafter issued shall only be brought within six years after the date of the issuance of such patents, and the limitation of section eight of chapter five hundred and sixty-one of the acts of the second session of the Fifty

first Congress and amendments thereto is extended acBona fido pur- cordingly as to the patents herein referred to. But no chasers.

patent to any lands held by a bona fide purchaser shall

be vacated or annulled, but the right and title of such purLands not offi- chaser is hereby confirmed: Provided, That no suit shall

be brought or maintained, nor shall recovery be had for lands or the value thereof, that were certified or patented in lieu of other lands covered by a grant which were lost or relinquished by the grantee in consequence of the failure of the Government or its officers to withdraw the

same from sale or entry. Claims of bona SEC. 2. That if any person claiming to be a bona fide ide purchasers.

purchaser of any lands erroneously patented or certified shall present his claim to the Secretary of the Interior prior to the institution of a suit to cancel a patent or certification, and if it shall appear that he is a bona fide purchaser, the Secretary of the Interior shall request that suit be brought in such case against the patentee, or the corporation, company, person, or association of persons for whose benefit the certification was made, for the value of said land, which in no case shall be more than the

minimum Government price thereof, and the title of Decree of court. such claimant shall stand confirmed. An adverse deci

sion by the Secretary of the Interior on the bona fides of such claimant shalì not be conclusive of his rights, and if such claimant, or one claiming to be a bona fide purchaser, but who has not submitted his claim to the Secretary of the Interior, is made a party to such suit, and if found by the court to be a bona fide purchaser, the court shall decree a confirmation of the title, and shall

chasers to be in

entering suit to cancel patent.

render a decree in behalf of the United States against the patentee, corporation, company, person, or association of persons for whose benefit the certification was made for the value of the land as hereinbefore provided. Any bona fide purchaser of lands patented or certified to a Establishing railroad company, and who is not made a party to such suit, and who has not submitted his claim to the Secretary of the Interior, may establish his right as such bona fide purchaser in any United States court having jurisdiction of the subject-matter, or at his option, as prescribed in sections three and four of chapter three hundred and seventy-six of the acts of the second session of the Forty-ninth Congress.

SEC. 3. That if at any time prior to the institution of Claims.of pursuit by the Attorney-General to cancel any patent or vestigated before certification of lands erroneously patented or certified a can claim or statement is presented to the Secretary of the Interior by or on behalf of any person or persons, corporation or corporations, claiming that such person or persons, corporation or corporations, is a bona fide purchaser or are bona fide purchasers of any patented or certified land by deed or contract, or otherwise, from or through the original patentee or corporation to which patent or certification was issued, no suit or action shall be brought to cancel or annul the patent or certification for said land until such claim is investigated in said Department of the Interior; and if it shall appear that such person or corporation is a bona fide purchaser as aforesaid, or that such persons or corporations are such bona fide purchasers, then no such suit shall be instituted and the title of such claimant or claimants shall stand confirmed; but the Secretary of the Interior shall request that suit be brought in such case against the patentee, or the corporation, company, person, or association of persons for whose benefit the patent was issued or certification was made for the value of the land as hereinbefore specified.

Approved, March 2, 1896 (29 Stat., 42).

Extract from the legislative appropriation act approved March 2, 1895

(28 Stat., 807). SEC. 3. The engrossing and recording of patents for Engrossing pat:

Oents may be by public lands may be done by means of typewriters or typewriters. other machines, under regulations to be made by the Secretary of the Interior and approved by the President.

occupants of

in

certain

edies cases.

DISPOSSESSED OCCUPANTS.

An Act For the benefit of occupying claimants.
Be it enacted by the Senate and House of Representatives

of the United States of America in Congress assembled, Dispossessed That when an occupant of land, having color of title, in lands to have rem- good faith has made valuable improvements thereon, and

is, in the proper action, found not to be the rightful owner thereof, such occupant shall be entitled in the Federal courts to all the rights and remedies, and, upon instituting the proper proceedings, such relief as may be given or secured to him by the statutes of the State or Territory where the land lies, although the title of the plaintiff in the action may have been granted by the United States after said improvements were so made.

Approved, June 1, 1874 (18 Stat., 50).

287

123

123

129

137

........

132

INDIAN HOMESTEADS, ALLOTMENTS, AND

RESERVATIONS. For rights of way through Indian reservations, see “Rights of Page.

way” Revised Statutes, Sec. 2093—Disposal of Indian lands........ 120 Secs. 2115–2126-Survey-Purchases of Indian lands—Trespass —

Protection ....
Act of March 3, 1875 (18 Stat., 420)—Homestead entry by
IndiansAlienation of title......

122 Act of March 3, 1883 (22 Stat., 590)Proceeds of reservations.. Act of July 4, 1884 (23 Stat., 96, 98)-Homestead laws made

applicable to Indians-No expenses of public-lands service to be paid from proceeds of Indian lands.............

........... Act of February 8, 1887 (24 Stat., 388)-Allotments—Lands

purchased from Indians and not allotted to be held for settlersTrust patents Religious crganizations-Preference for police Citizenship-Irrigation-Rights of way.......

124 Act of October 19, 1888 (25 Stat., 612)—Indian may surrender

patent and select other land ....... Act of February 16, 1889 (25 Stat., 673)-Disposal of dead timber. Act of February 28, 1891 (26 Stat., 794)- Allotments Leases

where allottee disabled-Selection of public land-Fees-
. Determination of descent........
Act of March 3, 1893 (27 Stat., 631)-Costs in legal contests—

District attorneys to represent Indians ..
Act of August 15, 1894 (28 Stat., 305)—Leases..

132 Act of June 7, 1897 (30 Stat., 85)—Leases....

132 Act of February 6, 1901 (31 Stat., 760)-Actions in court to

determine right where allotment is denied. Act of May 27, 1902 (32 Stat., 275)—Inherited lands may be con

veyed in fee.
Act of May 31, 1902 (32 Stat., 284)—State statutes of limitations
applicable in suits for profit of lands patented in severalty to

Indians .........
Act of June 19, 1902 (32 Stat., 744)—Allotments in severalty

outside of Indian Territory ...
Act of April 23, 1904 (33 Stăt., 297)—Errors in allotments and
patents to be corrected ....

....... Act of May 8, 1906 (34 Stat., 182)Citizenship-Patents....... Act of June 21, 1906 (34 Stat., 326, 327)-Restrictions on alien

ation-Lands not liable for prior debts—Trust funds—Sales

within reclamation projects ...
Act of March 1, 1907 (34 Štat., 1016, 1018)—Payment of taxes,

Sale of allotment of noncompetent Indian ..
Act of May 29, 1908 (35 Stat., 444)—Sale on petition of al-

lottee—Minors-Fee simple title to heirs—Use of proceeds . Act of March 3, 1909 (35 Stat., 781, 783, 798, 814)—Grant of

lands within Indian reservations to railroads-Allotments on public domain-Lease of mineral lands—Exchange of lands

unsuitable for allotment-Irrigation Religious organizations. Act of May 6, 1910 (36 Stat., 349)-Grants to railroads.........

141 Act of June 25, 1910 (36 Stat., 855)—Disposal of trust allotment of intestate Indian-Disposal by will-Unlawful to induce conveyances-Sale of timber-Allotments by special agents--Allottees dying without heirs-Power sites— Rights of way-Allotments—Chippewa timber-Allotments in national forests .....

142 Act of December 21, 1911 (37 Stat., 46)—Jurisdiction of In

dian allotment suits...... Act of June 6, 1912 (37 Stat., 125)—Classification and appraise

ment of unallotted lands .............

133

......

134

135

138

149

.................

119

Act of February 14, 1913 (37 Stat., 678)—Disposal of allotments, Page. trust moneys, etc., by will....

150 Ute Indian lands, Colorado-Act of June 15, 1880 (21 Stat., 203)Lands not allotted to be disposed of—Proceeds......

152 Act of July 28, 1882 (22 Stat., 178)—Uncompahgre and White River Ute lands...

......... 152 Act of February 20, 1895 (28 Stat., 678)—Surplus lands subject

to public land laws, but homesteaders required to pay $1.25

per acre.................................................. 153 Act of June 13, 1902 (32 Stat., 384)—Subject to free homesteads. 153 Chippewa agricultural lands-Act of January 14, 1889 (25 Stat.,

642)—Sale of agricultural lands under homestead laws at $1.25
per acre........

154 Act of June 27, 1902 (32 Stat., 400)—Timber lands to be opened to homestead entry after sale of timber......

154 Act of May 23, 1908 (35 Stat., 268)—Lands subject to homestead entry at $1.25 per acre...

155 Acts of Congress providing for disposition of surplus lands in certain Indian reservations ........

............

155

UNITED STATES REVISED STATUTES.

aan. 9,1837, 58.,

135.

Disposal of prof SEC. 2093. All moneys received from the sales of lands ceeds of sales of Indian lands. that have been or may be hereafter, ceded to the United

States by Indian tribes, by treaties providing for the investment or payment to the Indians, parties thereto, of the proceeds of the lands ceded by them, respectively, after deducting the expenses of survey and sale, any sums stipulated to be advanced, and the expenses of fulfilling any engagements contained therein, shall be paid into the Treasury in the same manner that moneys received from the sales of public lands are paid into the Treasury.

*

dian reservations.

13 8., 41.

ans.

Survey of In. SEC. 2115. Whenever it becomes necessary to survey Apr. 8, 1864, any Indian or other reservations, or any lands, the same

shall be surveyed under the direction and control of the General Land-Office, and as nearly as may be in conformity to the rules and regulations under which other

public lands are surveyed. Purchases or SEC. 2116. No purchase, grant, lease, or other convey

ance of lands, or of any title or claim thereto, from any June 30, 1834, 4 Indian 8., 730.

Indian nation or tribe of Indians, shall be of any validity in law or equity, unless the same be made by treaty or convention entered into pursuant to the Constitution. Every person who, not being employed under the authority of the United States, attempts to negotiate such treaty or convention, directly or indirectly, or to treat with any such nation or tribe of Indians for the title or purchase of any lands by them held or claimed, is liable to a penalty of one thousand dollars. The agent of any State who may be present at any treaty held with Indians under the authority of the United States, in the presence and with the approbation of the commissioner of the United States appointed to hold the same, may, however, propose to, and adjust with, the Indians the compensation to be made for their claim to lands within such State, which shall be extinguished by treaty.

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