Page:United States Statutes at Large Volume 44 Part 1.djvu/1406

 § ,894 TITLE 43.-—PlZ ‘ \ may, for any causi be restored to the public domain, and who, at- the time of such restoration, may not be entitled to enter and acquire title te such land under the homestead laws`0f the United States, shall be permitted, at any time within three months after such restoration, and under such rulesand regulaticna as the Commissioner ot the General Land Oihce may prescribe, to purchase not to exceed one- hundred and sixty acres in exreuter the same by legal subdivisions; at the price of @.50 per acre, and to receiwje patents therefor. ‘ (Jan. 13; 1831, c. 19, 21 Stat. 315; Mar. 3,~1891,_c. 591, §§_ 1, 4Q _26 Stat. 1095, 1097 ; Mar.-3, 1893; c. 208, 27· Stat. 593.) ° l L _ 894. Adjustment df land grants to railroads.-=—The Secretary of the Interior is authorized. and directed as of March *3, 188Z, te adjust, in accordance with the decisions of the Supreme Court, each of the railroad land grants made by Congress tc. aid in the construction at railroads and theretofore unadjusted. (Mar. 3, 1887; c. 376, § 1,,24 Stat. 556.). _ _- 895. Cancellation of patents erroneously issued; reconvey- ance.+It it shall appear, upon the completion of such adjustments, respectively, or sooner, that lands have been, fromany cause, prior to March 3, 1887, erroneously certified or patented, by the United States; to or for thevuse or benefit of any company claiming by, through, or `under grant from the United States, to aid in the construction of a railroad, it shall be the duty of the Secretary of the Interior to thereupon demand fren: such company a relinquishment or reconveyance to the ’United States of all such lands, `whcther within granted or indeniuity limits; and it such company shall neglect, or‘fail to so reconvey such lands to the United States within ninety clays after the aforesaid demand shall have been made, it shall thereupon be the dutypot the Attorney General to commence. and prosecute in the proper courts thenecessary proceedings to cancel all patents, certiflcaticn, or ether evidence of title prior ·tq March 3, 1887, issuedfor such lands? and to restore the title thereof tu the United States, (Mar. 3,i 1887, c. -876, § 2,` 24 stat. 556;)  "_,   —_ ‘ " _ · `Q 896. Erroneeus cancellation of bona ide entries corrected.- It, in the adjustment of said- grants, it shall appear that the homestead cr preemption. entry Auf-any bona Hde°sett1er_has been erroneously canceled cn account of any railroad grant or the withdrawal of puhlic lands from market, such settler upon application shall be reinstated in all his rights and allowed .t0 perfect his entry by complying with the public land ilawsz Pro- ‘ vided, That he has not located anotherelaim or made an entry- in lieu et the one somropeously canceled: had provided além, That he did not voluntarily abandon. said qriginal entry: And provided further, That it anycfsaid settlers do not renew their fapplication te be reinstated within a reasonable tlmeQ to be ilxed by the Secretaryct the Interior, then all such unclaimed lands shall M- disposed of under the public land laws, with priority ci right given to UGB8 iide_ purchasers ol said unclaimed lands, if anyyaud if there be nc such purchasers, 'then te bena tide settlers residing thereon. (Mar. 3, 1887, c. 376, { 3, 24 Stat. 557.) ‘. _ _ · 897. Patents to purchasers from railroads; purchase ‘m¢mey.———As to all lands, exceptftlwse mentioned in the fore~ going section, which have been so erroneously _ certified, or Q patented as aferesaid, and which have been cold by the grantee company. to citizens of the United States, ·0r to persons who have declared their intention to become such citizens, the person er persons sc purchasing in ·'ge0d-_ faith, his heirs or assigns, shall be entitled to the land so purchased, upon making proof of the factef such purchase at the proper land officel within such tlme_and under such. rules as may be prescribed by the Secretsary of the Interior., after the grants respectively shall lmyev been adjusted; and patents of the United States shall issue therefcr, and shall relate back to the date `ot the original certification cr patenting, andthe Secretary of the

mma LANDS 1392 » Interior, on behalf. ot the United States, shall demand payment from the company which has so disposed of such lands ot an amount equal to. the_G0vernment price of similar lands: and in case of neglect or refusal ot such company to make payment as hereafter specified, within ninety days after the demand` shall have been inade,—the Attorney General shall cause suit or suits to be brought against such company for the said amount: Provided, That nothing ln sections 894.to 899, inclusive, 'shall _ prevent any purchaser of lands erroneously withdrawnycertihed", or patented as aforesaid from recovering the purchase money therefor from the grantee company, less the amount paidte the TUnited States by such company, as by said sections required: And provtded, That a mortgage or bledge of said lands by the company shall not be considered asla sale for the purpose of said sections, nor shall said sections be construed as a declaration ot forfeiture of any portion of any land grant for condi; tions broken, or as authorizing an entry for the same, or as a waiver of any, right that the United States may have on ac- ` connt ofjany breach ot said conditionsb Provided further, That where such purchasers, theirlheirs or assigns, have paid only a portion of the purchase price to the company, which is less than the Government price of similar lands, they shall be re quired, nbefore the ¤e1.ivei·y of patent for their lands, to pay to the Government a sum equal to the diierence between the portion of the purchase price so paid and the Government price, and in suchcase the amount, demanded from the company shall ‘ be the amount paid to it by such purchasexv (Mar. 3, 1887, c. 376, § 4, 24 Stat. .557;'·Feb. 12, 1896,.c. 18, 29_ Stat. 6.) . 898. Rights _0f purchasers from railroads of cctermiaeus lands not within grants,-—)Vhere any said company shall have _so1d‘t0°citizens of the United States, or to persons who have fdeclared their in·tention_to become such citizens, as a part of its grant, lands not conveyed to or for the use ot such corn-. ‘pany, said lands being the numbered sections prescribed ln` the = grant, and being coterminous with the c0nstr¤cted·parts·ot said road, and where the `lands so sold are forany reasonexcepted from the operation of the-grant to saidmcompany, it shall 'be lawful forthe bona tlde purchaser thereof from said company to make payment to the United States for saidelands at the ordinary Government price for like lands, and thereupon patents shall issue therefor to the said bona`- Bde parcehaser. his heir or assigns: Provided, That all lands shall be excepted from the proglsions of this section which at the dateot such 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 Qnce been voluntarlly~abandoned,_as'to which excepted lands the said preemp-· tion and homestead claimants shall be permitted to perfect their proofs and entries and receive patents therefor: Provided {urther, That this section shall not apply to lands settled upon subsequent to the lst day of December, 1882, by personsclaiming toenter 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. `(Mar. 3, 1887, c. 376, § 5,24 Stat. 557.) e. . 899. Limitation of quantity to he conveyed;-—No more lands shall be certfiled or conveyed to any State or to any- corpora- ` tion or individual, for the benetlt of either of the companies herein xnentioned, where it Shallappear to the Secretary of the Interior that such transfers may create an excess over the quantity of lands. to 'whlch such State corporation or imlividualé would be rightfully entitled. (Mar. 3, 1887, c. _376, § 7, 2-its Stat. 558.) _ ~ · f. ', 900. Suits to cancel patents to lands- erroneously `issued under railroad or wagon-read grantee-—-Suits by the United States to vacate. and annul any patent to` lands erroneously issued undersa railroad or wa~gon~road ¤l‘8Dt shall only be 'brought within six years after the date ot the issuance of such _