Page:United States Statutes at Large Volume 44 Part 1.djvu/1407

 1393 TITLE 43.-——Pi patéréts. But no patent to any lands 'held by a bona ildc purclmser shall be vacated or annulled, but__;t·he right and title of s11<·h_pu;·chasm•_is hereby confirmed! Provided, That no suit slmll bc brought of maintained, 1101; shall recovery be hadlor lands or the value thereof, that were ccrtfiled or patented in `livu cfaother lands covered by a grant which were lost or rc·, liuquished by the grantee ih consequence of the.failure of the Guv'cruu1ent or its omccrs to withdraw the same from sale 0;- entry, (Mari 2, 1896, c. 39, `§ 1, 29 Stat. 42.) · · _¥ _901. Claims. of bona fide purchasers; establishment `of rights.———I£ any person claiming to bc a bonu tide purchaser of aug; lands `em·onc0_1isly patented 01; certified shall present his claim to the Secretary of the Interioaprior to the institution uf a suit to cancel a patent or certification, audiif it shall . appear that he is a bona ilde purchaser, the Secretary of the Interior shall request that suit be brought in such case- against the patantee, or theacorporation, company, person, gr associui tina of persons `fdr Whose benefit the certiilcatiohawas made, for the value of said land, which in no case aliull be more than the minfmnim Governnment pricethereéf, andthe title of such claimant shall stand confirmed. An adverse deciéion by the ? Swretary of thé_ Interior on the bona tides of such —·clai1i1aut slmll not be conclusive of.~his rights, and if such claimant, cr {mc claiming to be a bona tide purchasg-:g·,· but who has not smlmuittéd his claim to the Secretary of the Int§cri0r,_ is made a party; to such suit, and if found by the court to bc a b0_na Hdc purchaser, the cpurt shall decree a c011iim‘iation of the title, and shall render a decree in behalf of the United States against the patenteo, corporation,. company,. person, or association - bf persons for whose; bcniefittha- certifiéatioxfwas made fqr the B value of the land as herciubcfore provided. Any bona flglc `pnirchaser of lands patented or certiilcd to a railroad company, and who is not made a partytd auch suit, andtwho hasonot submitted his claim to the Secretary of the Interior, may establislihisl right aa such bona Bde purchaser in any United States court having jurisdiction ot the subject matter, or at his option, as prescribed al sections 896 and 897. _ (Mar. 2, 1896, c. $9, § 2, 29Stat.43.)  · _ · _. ~ _ ·.· 962. ·&l1£€u8ti0ll§\ investigation before suit.-r-—It `at any time prior to the institution of suit *by_ the Attorney General tg cancel any patent or cert1§cati0x1__c£» lands erroneously .patented 0:: cartiiied a claim or statement ia·presei1ted`_t0 the Skecrétary ct tha Interior · by or on behalf `ot any_ person. 0: persons, corporation lor corporations, claiming that such per- $§}1l`01‘ persons, corpqratibn or corporations, is a bona tide. purchaser or are bona Bde purchasers of auy_pateutéd·` or certlded land by deed or contract gr .btl1arwise,I trdui of _ through the original patea1t¢e‘c;·. corporation to which patent-Mor qertiiléga timr was issued, no mit or action shall bc brought ltd kzancel 01 uxmal the patent or ccrtihmtlbn for said land until auch clam is` investigated in aaigl Department ot the Intérlor ;. and it it shall appear that such param: or corporation is a bona Sdi purchaser as atcrmaid, or that such persons nr corporation; are auch bona ade pu1·¢haaersQ then no auch suit shall ba instil tuted audl the titles of such claimant of claimalmta shall 'stané cantlrmed; bat the Smremry ot tha Iutcricxj lshall réquest thaw suit be ·bx· 0ught in such casa against tha patahtaa, or tlcic .c01· p0ratioa,_ commuy, person, or {association pt peradns torwbose Zbeuetlt the patent wa; 1med`0;·,émtillcati0~a was made for th; value of the land as hamlnbefora spgclflcd. 1&6 c.39,§3,29Stat.43.) = _  ;». · ‘» _ 993. italic! M aattlén on lama granted la aid of wage; mada4·==-Tlw prqvlsion of section   and all statute! amend awry theme! .0r`a¤@lémaat.ary thereto, including wctidns w to W9, inclusive, aa madmad cz papplemautad by lation: 900 901 and 902, shall apply to grants at land in aid ot the com strhkztion at wagop mad:. (July 1, 1902, 9. BH, £ &¤t. 738.] ` 86270°——-26-—-88. ` a ‘ · `

UBLIO- LANDS § QQ6 904. Forfeiture of unearned grants; restoration Ito public domain.-5-There is hereby forfeited to the United States, and the United States hereby resumesthe title thereto, all lands granted prior to September 29, .1890,·to any State or to any corporation to aid in the construction ot a railroad opposite to _ and coterminous with, the portion of any such railroad not on that `date completed, and ixroperation, for the construction or benefit of whichsuch lands were grmited; and all such lands are declared to "be a part of the public domain: Provided, That sections 994 to 907, inclusive, shall not be construed as forfeiting_ the right of way or station grounds of any railroad conipauy granted prior to·September 29, 1890. (Sept. 2*.),,1890,- c. 1040, § 1, 26 Stat.- 496.) " — _ · 905. Homestead entries on forfeited lands.-—Al1 persons who, on September 29, 1890, were actual, settlers in good faith on any of- the lands forfeited by section 904·and are otherwise qualified; on making.due· claim on said lands under the home·_ ‘ stead law within sixmonths after" the date ot the promulgation. by the Commissioner of the General Land Ofiice of the lnstructions to the`_office1{s ortho local land o&ces, for their direction in the disposition of said lands, shall be entitled to a preference ` right to enter the same. under theprovisions of the homestead law and sections 904 to 907, inclusivefand. shall be regarded as such actual settlers from the date of actual `settlement or occupation; and any person who prior to September 29, 1890, has not had the beneiitjof the homestead or preemption law`, or -wjl1o has failed from any cause toperfect the title to a tract of land theretoforex entered by him lander either of said laws, sections 904 to 907,’inc1usive._ The` Secretary of the Interior shall make such rules as. will secure to such actual settlers these rights: Provided, That nothing herein shall extend any time or enlarge anyrights given  sections 904 to 907, inclusive, to any‘railroad*co1npauy. (Sept. 29, 1890, c. 1040, § 2, 28 Stat. 496; Feb. 18, 1891, c. 244, 26 Stat. 764.) - i ·. ` .. 906. Purchase by. boxiaciide purchasers from grantees; re-· moval of crops and improvements.-——Iu all cases where persons being citizens of the United States, or who have declared their E intentionsfto become such, in accordance with the naturalizal- ° tionlaws of the United States, are in possession ot__any of the ° lands Sadected by anysuchi grant and hereby resumed by and restored to the United` States, under deed, written- contract °' with,. or license f1joxn,`the State or corporation to which such ’ grant was made, or its assilgnees, execnted prior to January ’ 1, 1888, or where persons may have settled said lands with bona ` dde intent to- secure title thereto, bypurchasc from the State [ or corporation when earned by compllance with the conditions ’ or requirements `of. the granting Acts of Congrw they shall ' ”be· entitled to purchase the same from the United States, in ° quantities not exceeding three hundred and twenty `acres to ‘ any one such person, at the rate ot $1.25 per acre, at any time L prior‘·to January 1, }899, and on making said _ payments to ’t receive patents therdor,·" and where any such person in actual ’_ possession of any such lands and having impro _·the same ' prior to the, lst day of January, 1890, miner, written l contract, or license as aforesaid, or his assignor, has made ti partial or 'full pajrmexita to said railroad company prior to ' said date, on account of the purchase price of said lands from B it, on proof of the amount ot such payments he Shall be en- 3 titled to have the share,. to the extent and amount ot $1.25 per L acre, it so much has been paid, and not more, credited to him _ on account ot. and as mrt of the pnrchase price herein prom vided to be paid the United States 1’or'said.la¤ds, or such per-` » BOM may elect to abandon their purchases and make clairn on I: said land! under the hommtead law. and asprorided in the V. prccminz section: Provided, That in all cases where parties, n·· persons or corporations, with thdpormission of such State or b corporation, or its assignees, are in the possession of-and have
 * .111LtY `make a_seco11d homestead entry under the provisions of