Page:United States Statutes at Large Volume 26.djvu/1152

 FIFTY-FIRST CONGRESS. Sess. II. Ch. 561. 1891. 1099 and which have been sold or incumbered prior to the first day of March, eighteen hundred and eighty-eight, and after Hnal entry, to bonafde purchasers, or incumbrancers, for a valuable consideration, shall unless upon an investigation by a Government Agpnt, fraud on the apart o the purchaser has been found, be con med and patent upon presentation of satisfactory roof to the Land De artment of such sale or incurnbrance: Provided, That after the lapse mm. of two years from the date of the issuance of the receiver’s receipt ,.,,1;’Q.§’“‘ “°°" “'° upon the final entry of any_tract of land under the homestead, timberculture, desert-lan, or pre-emption laws, or under this act, and when there shall be no pending contest or protest against the validity of such entry, the entrtyman shall be entitled to a patent conveg the land by him entere , and the same shall be issued to him; brit this proviso shall not be construed to require the delay of two years from he date of said entry before the issuing of a patent therefor. Sec. 8. That suits gy the United States to vacate and annul any sum to mm pstpatent heretofore issu shall onlybebrought within five years from §'Q,§‘;.,,”°s,*;,°y'f,‘j,°Q€h‘*“ the passage of this act, and suits to vacate and annual patents here- Am. p-IM. ' after issued shall only be brought within six years after the date of the issuance of such patents. And in the States of Colorado, Mon- ·-,-,,,,;,,,,,;,,1,,,,;,,,,,,,,, tana, Idaho, North Dakota and South Dakota, Wyoming, and in the *¤¤¤*¤*¤s\¤¤•¤¤¤¤ District of Alaska and the gold and silver regions of Nevada, and the Territory of Utah, in any criminal prosecution or civil action by the United States for a trespass on such public timber lands or to recover timber or lumber cut thereon, it shall be a defense if the defendant shall show that the said timber was so cut or removed from the timber lands for use in such State or Territory by a resident thereof for agricultural, minin, manufacturing, or omestic purposes, and has _ not been transported out of the same; but nothing herein contained shall a pl to operate to enlarge the rights of any railway company nanny companies. to cut timber on- the public domain: Provided, That the Secretary aww. of the Interior may make suitable rules and regulations to carry mmm. out the provisions of this section. _ / Sec. 9. That hereafter no public lands of the United States, except rubuc lands mt m abandoned military or other reservations, isolated and disconnected b°“°m “° p“b”° "*°· fractional tracts authorized to be sold by section twenty-four hundred and fifty-five of the Revised Statutes, and mineral and other lands B.S..se¢.¤455,p.44¤. the sale of which at public auction has been authorized by acts of Congress of a special nature having local application, sha] be sold at public sale. Sho. 10. That nothing in this act shall change, reml, or modify néqmkgmma any agreements or treaties made with any Indian tri for the dis- "°’ · posal of their lands, or of land ceded to the United States to be dissed of for the benefit of such tribes, and the proceeds thereof to EZ placed in the Treasury of the United States; and the disposition of such lands shall continue in accordance with the provisions of such treaties or agreements, except as provided in section 5 of this A¤¢e.p. 1096. act. Sec. 11. That until otherwise ordered by Congress lands in Alaska A1,,,,,,, ,0,,,,, ,,,,,,_ may be entered for town-site purposes, for the several use and benefit of the occupants of such town sites, by such trustee or trustees as rmsms. ma be named by the Secretary of the Interior for that purpose, _ such entries to be made under the provisions of section twenty-three n.s.,¤e¤.zssr,p.4.·rr. hundred and eighty-seven of the Revised Statutes as near as may be; and when such entries shall have been made the Secretary of the Interior shall provide by regulation for the proper execution of the trust in favor of the inhabitants of the town site, including the survey of the land into lots, according to the spirit and intent of said section twenty-three hundred and eighty-seven of the Revised Statutes, whereby the same results woul be reached as though the entr had been made by a county judge and the disposal of the lots in such town site and the procee s of the sale thereof had been prescribed