Page:United States Statutes at Large Volume 44 Part 1.djvu/1404

 §  TITLE $3.-··-·PU1 mblishment of an agricultural college therein. (B. S. $·237'f; June 20, 1874, c. 330, 18 Stat. 111.) · ’ { $868. Representation of Indian claimants in suits to determine right to scluwl l•¤ds.—~—,In a¤y.su1t_ prior to ‘M8.1'(!h 2, l§O1, oe thereafter instituted in `tbe Supreme Court ot the United States to determine the right ot a State to whatsre commonly known as school lands within soy Indian reservation or any ·Iudi·an cessiou where an Indian tribe claims any right to or interest in the lands in controversy, or  the disposition thereof by the United _States, the right of such State may be fully tested and determined without making the Indian' » tribe, or any portion thereof, a party to the suit if the Seeretary of the Interior is madea party thereto; sind the duty of representing and defending the right or interest of the Indian tribe. or any portiouthexzeof, iri the matter small dovolve upon the Attorney General upon the request of such Secretaryr. N (otar. 2. 1901. c. 808, 31 Stat. 950.) o ' Chapter 21.—-GRANTS ~IN AID__ OF RAILROADS I \\’AG»N .ROADS. ` ` See. T . . A Ogd _ _ 881. Cost of surveyof grants to railr n; payment; A 882. Surveyed lands taxable notwithstanding- lien; provlsos. . ‘ $83. Collection ot costs of surveying; etc., reimbursement of purchaser. 884. Right ot forfeiture of railroad grantsuot aifectcd. . * - 885. Union Paclilc Railroad lands. _ . ‘ .; 888. Survey of lands within limits of railroad grants. - 887. Deiaoslts for surveys of lands granted to railroads. _ BSS. Selection by railroads ot lands lu lieu 'ot· lands entered subsequent  to seem sl of rights; title of settlers. . _ · _ __ _ 889. Rights of cntrymvn whose- entries had not been ‘ad`mitted·’to record. @9. Homestead- entries on railroad lands, prior to withdrawal or after restoration to market confirmed. . wl. Abamwxxed railroad lands; reentry. 892. Entries after expiration of grunt. %3.‘ Rights of pcrmlsaiye settlers on railroad __ lands restored to public 894. Adjustment of land grants to railroads. __ $95. Cancellation of patents erroeeously.l•su_ed; reconveyauce. 896. Erroneous cancellation ot bono fide entries corrected. . $7. Patents to purchasers f;om_ railroads} purchase money. · Rights or poresmu from railroads of cotermlnoxis lands not sritblargrants. _ . _ . r ` Q Ltwltation oi quantity to be co¤yeyed.* - -. $06. Suits to navel patents to lends erroneously issued under railroad' or wagon-road greets. ’ ‘ -_ . `dm. Claims oi bead ddo purchasers; establishment ot rights. , 9e92."1a1meilntion ;` investigation before suit.,  . 903. Relief ot settlers on lands granted in nid of wagon roads. _ b 994. Fortelture ot unenrrred grants; restoration _ tof public, domain.  995. Homestead Heatrles oat forfeited. lands,. . ‘ _— .  Purchase by bone ado purehasen trom· grantees; removal of eroga and improvements. . v . , “ 907. Rights of original `granteen to forfeited land!. _ 908. Dowoslts by railroad companies for oosts of surveying and cooreyiqg uasuryeyed lands granted.   ” 909. ·Ferfeiture of grant oa failure to make deposit. _— .· 910. Right to extend public surveys oyer lands granted, and other _ ‘ rights of United Ststu, not udected. · - 911. Regulatlom. · ( . . _ ' 912. Dispmition of abaadoeod or forfeited railroad grants. ·. 913. ·Cooveyasce' by loud·gra.¤t railroads of portions of rights of way to State., eoeotyyor municipality. . . · 914. ‘Pat<·ets for sp·ag·oo·road grants to Oregon? Swtima 881. of sirrvey of grants to railroads; pay-= meat.-—l3efere any land granted to any railroad company by the United $tstes shall be conveyed to sinch oommny, or any persons entitled thereto `uoder any of the gets incorporating or  ting to said company, unlem such company- Ls exempted 9 by law from the payment of such cost, there shell Hut be paid into the Treasury of the Urlited States the cost ot mrveylng, selecting. had coayeylug .tho same by tm. uid eompany or persoes in interest. (Jaly 15, 1876, c. R2, 18 Stdt. $06; July, 31, ISTG, c. 246, 19 Stat. 121.) _ _ ' SQ?. Sorveyed load! taxable ¤ot1r1&•ta¤.dl¤: lien; provisos.————No lands granted to any railroad corporation by any

zmo LA1v1>s 1390 Act of Congress shall be exempt from taxation by States, Ter. ritories, and municipal corporations on account ot the lion or tha United States upon the same for the costs of surveying selecting, and conveying the same, or because no patent had been issued therefor; but t.his!_prbvision,sha1i not apply to Klands unsurveyedz Provided, That any sum land gold for taxes shall be taken by the purchaser subject to the lien for costs. of ‘ Surveying, selecting, and eonreying, to M `imid in son manner by the purchaser os' the .Secretnxy*of the Interior may by rule provide and to all liens of the United States, al) mortgages ot the United Staten, nude all rights of the United States in respect of such lands: Provided furthe1·,;'J§11at sections 882 to 885, inclusire, shall apply only to lands situated opposite to and coterminous`with‘ completed portions oft snid roads[ and in organized counties} Provided further, That at ‘ 'any snle of lands under the brovisionfot sections 882 to 885, inclusive, the United States may become h preferred puréhnserj and in such case the lands` sold shall be restored to the public domain and disposed of as-providedfby the laws relating thereto. ;(July 10, 1886, o. 764,} 1, 24 Stat,143.) _ · . i " 883. Collection of costn of surveying, etcqjreimbtrsement of purchssor.—It any railroad corporationreqnired byilmv ·to pay the hosts of surveying, selecting, or conveying our lands _ granted to such company or for its "usc andbeneilt by Act of Congress shall for thirty _ days neglect or refuse 'to pay any 1 such costs after demand for pnymentnthéroot by tho. Seem- ' tsujy ot the Interior, he shall notify the Attorney General, who 'shall nt once commence proceedings to collect the But when any sum shall bd collected ot such railroad com- ~ } pany as costs of surveying, wlecting, and conveying any tract ot land which. shall have  pnrchnmd nndor tho of section 882, the Secretary of the Interior snail ont of such collections reimburse said purchaser, his heirs ordnssigns, the amount of money paid by him as_the cms ofnuw mrveying, Qselécting, and conveying,. (July 10, {QB, c. 764, S `2, 24 Stat,. 143-) ‘ r -       · · 884. Riiht of forfeiture of railroad grants not s!ect¢d.—-—- Sections 882 to 885,. inclusive, shall not n¢oct the ri@t of tm Government to declare or enforce n forfeitnro of any lands so “ grunted; bot all the rights of the United Bum to said or to any interest therein  be and remain nys if my noctions hnd not paswd; except as to the lien n··entioned/1/n` seotion 882. (July 10, 1888, c, 764, l 8, 21 Stat. 143.) 1 _ 885. Union Pnciic  eostis ot snrreying, — selecting, and conveying {ands granted to the Union Phcl6c » Railroad Company ohn11_5ecio1ne`dno and payable at and on the demand therefor made by the Secretary ot the. Interior an provided in section 8&, and nothing in thin section or the; three precedingnections shall be construed or taken in any wise to aHect or impair the right of Congréss at any time further o to alterpumend, or repeal the —Aét of Jnly 2,” 1884, chapter 210, ns In the opinion of Cougrew; justice or  public yvolfnre may require, `or to impair or virolivo any right or remedy`in_ the premises. existing `on July 10, 18%, in thvor ot the United States: This section and the ’thrm_ preceding sections, shalt be subject to alterntion, amendment, orrepeal. (July 10, 18%, -_ c. 764,.5 4, 24 Stnt..1§3,) _»` °. ·  _ 886; Survey of lands yrithin limit; of railroad grants.-—Is‘or the survey ot the public lands lying within the limitg of land xrnnts made by Conmms to nid singtho  construction ot railrmds, and the eelection therein of such lands as are granted. therefor, to enable the Secretary of the Interior to {carry out provisions of section @4, the num of $100,000 heretofore. iappropriated in ° made n continuing Appropriation for the Q vey of lnndr within the  oi {-railroad land grants, and any money which shall be oxpmded of snob appropriation and. dreimbuxsed and pnld into the ··r¤ms¤ry is hereof rapprmprinted, and said  shnl1— in` • continuing nppropriation, G ._