Page:United States Statutes at Large Volume 44 Part 1.djvu/1405

 1391 TITLE 4s.-1 and so often as any part of the sameshall, after being expgndgd, bl reimbursed by any railroad companyvas hereinafter _ previdcd, the- same shall be again available for the purposes sisresald: Provided, That `any·portion otcsald sum expended fer surveying such lands shall be reimbursed by the respective comghnies or parties in interest for. whose beneilt the lands are granted. according to the provisions of section 881: And pa·<>vid»cd farther, That whenever there shall hare been feimhurscd and paid lnto the Treasury of the United States, by the respective companies or parties ln`iz;?est, any part of said appropriation expended for surveys we in such grants, _ there shall be lnnnedlately available, N out ot any money in the Treasury fnot otherwise ap_proprla.ted, ~ an amount equal to the amount so reimbursed, and the?sa&e~ shall be available for the survey. ot the publlc—'lands' lying`withlp the limits of the railroad land grants made by Congress, until all of said lands shall have been surveyed: Provided,. That nothing herein -eentained_ shall be construed to·‘preyenf the use, within the limits of any railroad land grant ·_ made-_ by Congress, ot any part ot any regular appropriation for surveying the public lands r' Provided, Cmatnno part of the foregoing money shall he used for any land embraced in- any grant to the State. of Florida: 4nd provided fitrthejr, That the provisions of n law requiring reimbursements to `be made `to the United States -.by railroad, corporations clallming such grants, shall apply equally to the successors of such railroad corporations acquiring title to their lands and other property, underdecrec of foreclosure ot any mortgage authorized by Congress., The Secretary ot the Interior shall report be each regular session of Congress srhat has been·'dene under this section} (Mar. 2, 1895, c. 189, ’§1,28Btnt.987.) .. U · y ’ 887. Deposits for surveys of lands granted to railroads.- G When any railroad compwy claiming a ·—grant ot land under any Act of Congress, desiring- to secure the survey of any unsurveyed lands within the limits ot its grant, shall. dle an application therefor in writing with the Field Surveying Service of the State in which the lands sought to be surveyed are situated, and deposit in. a proper United States depository to the credit bt the United Statw a sum .sumcient‘to pay for such survey and for the examination thereof pursuant to law and the rules and regulations of the Department of the Interior "under they direction of the Commissioner of the General Land Omce, it shall thereupon be the duty ot the Commissioner of the {General Land Omce, or the Director of the Geological Survey, as the case may be, to cause said lands to be surveyed. For any deposits made by any railroad company. hereunder, certidcates shall, be issued, which may be used by such railroad company, its successors or assigns, to the same extent as cash is new allowed in payment of entries- of public. lands under existing law and regulations for any public. lands of the United States in the Statm where the surveys were made, or ter any survey or o¤ce fees due the United States from such railroad cempnny on account of surveys of lands within its grant, The Secretary of the Interior shall provide such rules and regulations as may be necesmry for carrying Qout the toregoing· provisions. (Feb. 27, 1%, c. 205, 80 Btat. &2; `Mar; 8, 19%, c, 4&, 43 .8tat. 1144.) `· '_ _ _ 888;  by railroads oflands M lieu of lands entered sumsasst te acerual- M rights; title of settlers.-·-In the sadjusmente of all railroad land grants, whether made directly to any nallrcad company or to any State for railroad purposes, it, any of 'thelands  befound in the  mion of an actual settler whose entry or Sling has been allowed dundee the preemmlon or homestead laws of we United States name quent to the 1:iQe at which, by the -d@sion of the land o?&ce, `the right of wld road was declared te have attachw to am lands, the grantees, upon a proper relinquishment of the lands .so entered . or illed for, shall V»bc’entitled to select an equal

°UBLIO LANDS § $93 t quantity of other lands in lieu thereof from any of the public lands not mineral and within the limits of the grant‘11ot otherwise appropriated at the date of selection, to which they _ shall receive title the same as though originally granted. And any such entries, or filings thus relieved from contlictimay be _ perfected into complete title as »i£ such lands had not been `granted: Provided, That nothing herein contained shall in any __mam1er be so construed as to enlarge or extend any grant to any such railroad or to extend to_,lands reserved in any land grant made for 'rallroad purposes: And provided further, That this ection shall not be construed so. as in any manner to, confirm or legalize any decision or ruling of the Interior De· » partment under which lands have been certified to any railroad company when such lands have been entered by a preemptioniorhomestead settler after the location of the llneof the . 'road-`and prior to the notice to the local land odlee of the withdrawal of such lands from market. (June 22, 1874, c. 40(lr, 18~ .Stat.194.)__  W · ._  ·’i dl _ 889. Rights of entrymen whose entries had not been ad- -mitted to record.-—The privileges granted by section 888 are n extended (subject to the provlsosgllmitations, and restrictions “ thereof) to all persons entitled- to' the nright ot homestead or 9 preemption under the laws ot the United States, who on August Q granted to any `railroad company, but whose entries or alings · had not tor-any cause been admitted to record. (Aug. 29, 1890, » e.819,26Sta;&, see.) _ ·  _ o ‘ ' 890. Homestead entries on railroad lands prior to with- ‘ any law of the United, States, of the public lands, made in good ‘ faith, by actual settlers, upon tracts of land. of not more than one hundred- and sixty acres each, within the limits; of any land grant, prior to the time when notice of the withdrawal of r the lands embraced in suchgrant was received at the localhland F otilce of the district in which such lands are situated, or after  their restoration to market by order ot the General Land Omce, · and where the qpreemption and homestead laws have been com- . plied with, andproper proofs thereof have been made by the . parties holding such tracts or parcels, shall be . connrmed, and i patents for the same shall issue to the parties entitled thereto. ¤, 891. Abandonedgrnilroad lands; reentry.-When at the time . of such withdrawal as aforesaid, valid preemption or homestead . claims existed upon any landswithin the limits of Sany sueh . granw which afterward were abandoned, and, under thdjdeeig · sion! and railings ot-the Land Department, were reentered by i the laws governing preemption or homestead entries, and shall ¤ make the proper proofs required under such laws, such entries I. shall be deemed valid, and patents shall issue therefor to the n person entitled thereto. (Apr. 21, 1876, c. 72, 5 2, 19 Stat. 35.) l 892. Entriutfter. expiration of grant.:-—-—All such preemption l and homestead entries which mayhave beenmade by permis-. · sion of the Land Department, or__ln pursuance ot the rules and , Instructions thereof, within the limits of any land grant at a time subsequent to expiration of meh grant, shall be deemed lo yvalld, and a compliance with the laws and the making ot the ·. proof required shallentltle the holder of such claim to a patent ,‘ 898. Rights of permissive settlers on railroad lands restored L to publlé `QAU.-——All persons who shall have settled and F made valuable and permanent improvements upon any odd·_ · numbered section of land within any railroad withdrawal in .· (ood iaith and with the ‘permlssion` or lieensexet the railroad 1 company for; whose benedt the same shall have been made. r and with the expectation of purchasing of snch company the. { » land so settled uponpwhlch land so settled upon and improved,
 * cw, 1890, had resided upon and improved for Eve years lands `4
 * drawal or after restoration to market conirmed.-—All preemption and homestead entries, or entries in compliance with`
 * . (Apr. 21, 1876, e.”72,-§ 1, 19 Stat. 35.) _
 * mzeempuon or homestead claimants who have complied with
 * therefor. (Apr. 21, 1876,c. 72, 5 3, 19 Statl 36.)