Page:United States Statutes at Large Volume 24.djvu/583

 550 F ORTY-NIN TH CONGRESS. Sess. II. Ch. 370. 1887. Mm. 3 1887 CHAP. 3'l0. An act for the relief of settlers and purchasers of lands 011 the pub- ’  lic domain in the States of Nebraska aud Kansas. Bc it enacted by the Senate and House of Representatives of the U nfted Appmpriatiou to States of America in Congress assembled, That tbr the purpose of raun- P“Y ¤¤*>¤1*>¤'¤ 0*1 bursing persons, and the grantees, heirs, and devisces of persons, who, §“g; g¤*¤{(°*1 *° under the homestead, pre-emption, or other laws, settled upon or pur- Rgihfga *ms°° chased lands within the gram; made by an act: entitled "Ap act: for a, grant of lands to the State of Kansas to aid in the constructnou of the VOL 14. P- 210- Northern Kansas Railroad and Telegraph," approved July twenty-third, eighteen hundred and sixty-six, and to whom patents have been issued therefor, but against which persons, or their grantees, heirs, or devisees, decrees have been or may have hereafter be rendered by the United States circuit courts 011 account of the priority of said grant made in the act above entitled, the sum of two hundred and fifty tb0u— sand dollars, or so much thereof as shall be required for said purpose, Promos. is hereby appropriated: Provided, however, That no part; of said sum shall be paid to any one of said parties until ho shall have filed with C°P5’ of d¤9¤¢¤ the Secretary of the Interior a copy of the said decree, duly certiticd, gg extfxdof $1]; and also a certificate of the judge of said court rendering the same to I,m,m,r_‘ the effect that such a decree was rendered in a. bona fide controversy between a plaintiff showing title under the grant made in said act; and a. defendant holding the patent or holding by deed under the patentee, and that tha decision was in favor of the plaiutiif on the ground of the priority of the grant made by said act; to the Bling, settlement, or purchase by the defendant or his grantor; and said claimant shall also filo with the said decree gmd certificate a bill of the costs in such casa, duly certified by the judge and clerk of said court. Thereupon its shall bc the duty of the Secretary of the Interior to adjust the amount due to each defendant on the basis of what he shall have paid, not exceeding three dollars and hfty cents per acre for the tract his title to which. shall have failed as aforesaid, and the costs appearing by the bill thereof Payment. so certified as hcrcinbcfom provided. Ha shall then make a requihiou upon the Treasury for the sum found to be duo to such claimant, or his heirs and devisees or assigns, and shall pay the same to him, taking such release, acquittauce, or discharge as shall forever bar any further claim against the United States on account of the failure of the title as aforesaid: Providedfurther, That when any person, his grantees, heirs, assigns, or devisecs, shall prove to the satisfaction of the Secretary P¤y¤¤¤¤}¤ i¤¢¤S¤¤ of the Interior that his casa is like tha case of those described in the pre- Kgéffflggy of “°“ ceding portions of this act, except that ho has not been sued and subgjected to judgment as hcreiubefore provided, and that he has in good faith paid to the person holding the prior title by the grant herein referred to the sum demanded 0t' him, without; litigation, such Secretary shall pay to such person such sum as he has so paid, not exceeding three dollars and fifty cents per acre, taking his release therefor as harm inbcfom provided. Applies only to Sec. 2. That the provisions of this act shall only apply to the actual ¤°*°’*1¤€m°”· and bona tide settlers on the lands herein referral to, his or their heirs, assigns, or legal represen hatives, and no one person shall be entitled to the bandits of this act: for compensation for more than one hundred and Proviso. sixty acres of land: Provided, That all other persons who purchased any part of said land at one dollar and twenty-fivc cents per acre, and the money was actually paid into the Treasury, such person, his heirs, K6 P ¤$¤¤¤¤* *0 assigns, or legal representatives shall be entitled to repayment of the °n'°"‘ money so actually paid by them Approved, March 3, 1887.