struction of a railroad, it shall be the duty of the Secretary of the Interior to thereupon demand from such company a relinquishment or reconveyance to the United States of all such lands, whether within granted or indemnity limits; and if such company shall neglect or fail to so reconvey such lands to the United States within ninety days after the aforesaid demand shall have been made, it shall thereupon be the duty of the Attorney-General to commence and prosecute in the proper courts the necessary proceedings to cancel all patents, certification, or other evidence of title heretofore issued for such lands, and to restore the title thereof to the United States.

SEC. 3. That if, in the adjustment of said grants, it shall appear that the homestead or preemption entry of any bona fide settler has been erroneously canceled on account of any railroad grant or the withdrawal of public lands from market, such settler upon application shall be reinstated in all his rights and allowed to perfect his entry by complying with the public land laws: Provided, That he has not located another claim or made an entry in lieu of the one so erroneously canceled: And provided also, That he did not voluntarily abandon said original entry: And provided further, That if any of said settlers do not renew their application to be reinstated within a reasonable time, to be fixed by the Secretary of the Interior, then all such unclaimed lands shall be disposed of under the public land laws, with priority of right given to bona fide purchasers of said unclaimed lands, if any, and if there be no such purchasers, then to bona fide settlers residing thereon.

Entries of bona neously canceled

fide settlers erro

may be perfected.

Application to sonable time.

be made in a rea

chased from com

ers.

SEC. 4. That as to all lands, except those mentioned Lands pur. in the foregoing section, which have been so erroneously panies to be patcertified or patented as aforesaid, and which have been ented to purchas sold by the grantee company to citizens of the United States, or to persons who have declared their intention to become such citizens, the person or persons so purchasing in good faith, his heirs or assigns, shall be entitled to the lands so purchased, upon making proof of the fact of such purchase at the proper land office, within such time and under such rules as may be prescribed by the Secretary of the Interior, after the grants respectively shall have been adjusted; and patents of the United States shall issue therefor, and shall relate back to the date of the original certification or patenting, and the Secretary of the Interior, on behalf of the United States, shall demand payment from the company which has so Companies to disposed of such lands of an amount equal to the Govern- pay purchase ment price of similar lands; and in case of neglect or Secretary of the refusal of such company to make payment as hereafter specified, within ninety days after the demand shall have been made, the Attorney-General shall cause suit or suits to be brought against such company for the said amount: Provided, That nothing in this act shall prevent any purchaser of lands erroneously withdrawn, 61002°-S. Doc. 547. 64-1-16

money

Interior.

purchaser.

Recovery by certified, or patented as aforesaid from recovering the purchase money therefor from the grantee company, less the amount paid to the United States by such company as by this act required: And provided, That a Mortgage not mortgage or pledge of said lands by the company shall considered a sale. not be considered as a sale for the purpose of this act, nor shall this act be construed as a declaration of forfeiture of any portion of any land grant for conditions broken, or as authorizing an entry for the same, or as a waiver of any rights that the United States may have on account of any breach of said conditions.

Sales of lands on line of road not panies.

SEC. 5. That where any said company shall have sold to conveyed to com- citizens of the United States, or to persons who have declared their intention to become such citizens, as a part of its grant, lands not conveyed to or for the use of such company, said lands being the numbered sections prescribed in the grant, and being coterminous with the constructed parts of said road, and where the lands so sold are for any reason excepted from the operation of the grant to said company, it shall be lawful for the bona fide purchaser thereof from said company to make payment to the United States for said lands at the ordinary Government price for like lands, and thereupon patents shall issue therefor to the said bona fide purchaser, his heirs or assigns: Provided, That all lands shall be excepted from the provisions of this section which at the date of such Adverse claim- sales were in the bona fide occupation of adverse claimants under the preemption or homestead laws of the United States, and whose claims and occupation have not since. been voluntarily abandoned, as to which excepted lands the said preemption and homestead claimants shall be permitted to perfect their proofs and entries and receive Not applicable patents therefor: Provided further, That this section shall since Dec. 1, 1882. not apply to lands settled upon subsequent to the first day of December, eighteen hundred and eighty-two, by persons claiming to enter the same under the settlement laws of the United States, as to which lands the parties claiming the same as aforesaid shall be entitled to prove up and enter as in other like cases.

ants.

to lands settled

Purchaser lands sold

chase.

of

for

SEC. 6. That where any such lands have been sold and taxes to have conveyed, as the property of any railroad company, for prior right to pur- the State and county taxes thereon, and the grant to such company has been thereafter forfeited, the purchaser thereof shall have the prior right, which shall continue for one year from the approval of this act, and no longer, to purchase such lands from the United States at the Government price, and patents for such lands shall thereActual settlers. upon issue: Provided, That said lands were not, previous to or at the time of the taking effect of such grant, in the possession of or subject to the right of any actual settler. SEC. 7. That no more lands shall be certified or conveyed to any State or to any corporation or individual, for the benefit of either of the companies herein mentioned, where it shall appear to the Secretary of the Interior that such transfers may create an excess over the

Limitation lands conveyed.

of

quantity of lands to which said State corporation or individual would be rightfully entitled.

Approved, March 3, 1887 (24 Stat., 556).

An Act To amend section four of an act to provide for the adjustment of land grants made by Congress to aid in the construction of railroads and for the forfeiture of unearned lands, and for other purposes.

railroads.

Purchases from

Be it enacted by the Senate and House of Representatives Land grants to of the United States of America in Congress assembled, That section four of an act entitled "An act to provide for the adjustment of land grants made by Congress to aid in the construction of railroads and for the forfeiture of unearned lands, and for other purposes," approved March third, eighteen hundred and eighty-seven, be, and the same is hereby, amended by adding thereto the following proviso: "Provided further, That where such purchasers, their heirs or assigns, have paid only a portion of the purchase price to the company, which is less than the pay the GovernGovernment price of similar lands, they shall be required, un before the delivery of patent for their lands, to pay to the Government a sum equal to the difference between the portion of the purchase price so paid and the Government price, and in such case the amount demanded from the company shall be the amount paid to it by such purchaser."

Approved, February 12, 1896 (29 Stat., 6).

FORFEITURE OF GRANTS.

An Act To forfeit certain lands heretofore granted for the purpose of aiding in the construction of railroads, and for other purposes.

companies. Purchasers

to

ment the balance

of

unearned lands

State.

Be it enacted by the Senate and House of Representatives Forfeiture of the United States of America in Congress assembled, That granted to railthere is hereby forfeited to the United States, and the roads in any United States hereby resumes the title thereto, all lands heretofore granted to any State or to any corporation to aid in the construction of a railroad opposite to and coterminous with the portion of any such railroad not now completed and in operation, for the construction or benefit of which such lands were granted; and all such lands are declared to be a part of the public domain: Provided, That this act shall not be construed as forfeiting the right of way or station grounds of any railroad company heretofore granted.

Restored

public domain. Rights of way.

to

rights of present

SEC. 2. That all persons who, at the date of the passage Preference of this act, are actual settlers in good faith on any of the settlers. lands hereby forfeited and are otherwise qualified, on making due claim on said lands under the homestead law within six months after the passage of this act, shall be Time limit. entitled to a preference right to enter the same under the provisions of the homestead law and this act, and shall be regarded as such actual settlers from the date of actual Entry for time settlement or occupation; and any person who has not heretofore had the benefit of the homestead or preemption

of actual occupa

tion.

law, or who has failed from any cause to perfect the title to a tract of land heretofore entered by him under either Second home of said laws, may make a second homestead entry under the provisions of this act. The Secretary of the Interior shall make such rules as will secure to such actual settlers these rights.

stead entry.

Rules.

ng to purchase.

chase.

sue.

possession having

SEC. 3. That in all cases where persons, being citizens of the United States or who have declared their intentions to become such, in accordance with the naturalization laws of the United States, are in possession of any of the lands affected by any such grant and hereby resumed by and restored to the United States, under deed, written contract with, or license from the State or corporation to which such grant was made, or its assignees, executed prior to January first, eighteen hundred and eighty-eight, or where persons may have settled said lands, with bona Settlers intend- fide intent to secure title thereto by purchase from the State or corporation when earned by compliance with the conditions or requirements of the granting acts of ConEntitled to pur- gress, they shall be entitled to purchase the same from the United States, in quantities not exceeding three hundred and twenty acres to any one such person, at the rate of one dollar and twenty-five cents per acre, at any time within two years from the passage of this act, and on making said payment to receive patents therefor, and Patents to is- where any such person in actual possession of any such lands and having improved the same prior to the first day Purchasers in of January, eighteen hundred and ninety, under deed, Improvements. written contract, or license as aforesaid, or his assignor, has made partial or full payments to said railroad comProof of pay-pany prior to said date, on account of the purchase price of said lands from it, on proof of the amount of such payCredit on ac-ments he shall be entitled to have the same, to the extent and amount of one dollar and twenty-five cents per acre, Optional aban- if so much has been paid, and not more, credited to him on account of and as part of the purchase price herein provided to be paid the United States for said lands, or such persons may elect to abandon their purchases and make claim on said lands under the homestead law and as proCertain parties vided in the preceding section of this act: Provided, That remove crops and in all cases where parties, persons, or corporations, with the permission of such State or corporation or its assignees, are in the possession of and have made improvements upon any of the lands hereby resumed and restored, and are not entitled to enter the same under the provisions of this act, such parties, persons, or corporations shall have six months in which to remove any growing crop, and within which time they shall also be entitled to remove all buildings and other movable improvements from said lands: Provided further, That the provisions of Certain lands in this section shall not apply to any lands situate in the State of Iowa on which any person in good faith has made or asserted the right to make a preemption or homestead Rights of cer- settlement: And provided further, That nothing in this act not limited. contained shall be construed as limiting the rights granted

ments.

count.

donment.

in possession may

improvements.

Iowa excepted.

tain purchasers

.

to purchasers or settlers by "An act to provide for the adjustment of land grants made by Congress to aid in the construction of railroads and for the forfeiture of unearned lands, and for other purposes," approved March third, eighteen hundred and eighty-seven, or as repealing, altering, or amending said act, nor in any manner affecting any cause of action existing in favor of any purchaser, against his grantor for breach of any covenants of title.

*

*

*

*

*

fic Railroad lands

rison's line."

session may purwithout limit of quantity.

SEC. 5. That if it shall be found that any lands hereto-Northern Pactfore granted to the Northern Pacific Railroad Company north of "Harand so resumed by the United States and restored to the public domain lie north of the line known as the "Harrison line," being a line drawn from Wallula, Washington, easterly to the southeast corner of the northeast one-fourth of the southeast quarter of section twenty-seven, in township seven north, of range thirty-seven east, of the Willamette meridian, all persons who had acquired in good faith the title of the Northern Pacific Railroad Company Persons in posto any portion of said lands prior to July first, eighteen chase hundred and eighty-five, or who at said date were in possession of any portion of said lands or had improved the same, claiming the same under written contract with said company, executed in good faith, or their heirs or assigns, as the case may be, shall be entitled to purchase the lands so acquired, possessed, or improved, from the United States, at any time prior to the expiration of one year after Time limit. it shall be finally determined that such lands are restored to the public domain by the provisions of this act, at the rate of two dollars and fifty cents per acre, and to receive Patents patents therefor upon proof before the proper land office of the fact of such acquisition, possession, or improvement, and payment therefor, without limitation as to quan

tity:

*

*

*

proof.

upon

forfeited lands.

SEC. 6. That no lands declared forfeited to the United Disposition of States by this act shall by reason of such forfeiture inure to the benefit of any State or corporation to which lands may have been granted by Congress, except as herein otherwise provided; nor shall this act be construed to enlarge the area of land originally covered by any such grant, or to confer any right upon any State, corporation, or person to lands which were excepted from such grant. Nor shall the moiety of the lands granted to any railroad company on account of a main and a branch line appertaining to uncompleted road, and hereby forfeited, within the conflicting limits of the grants for such main and branch lines, when but one of such lines has been completed, inure by virtue of the forfeiture hereby declared to the benefit of the completed line.

Approved, September 29, 1890 (26 Stat., 496).