Page:United States Statutes at Large Volume 46 Part 1.djvu/87

 SEV ENTY -FI RST C ONGRESS. SESS. I. C.a. 41. 1929. recover lands wrongfully patented or certified. In the judicial proceedings contemplated by this Act there shall be presented, and the court or courts shall consider, make findings relating to, and determine to what extent the terms, conditions, and covenants, expressed or implied, in said granting Acts have been performed by the United States, and by the Northern Pacific Railroad Company, or its successors, including the legal ef fect of the fo reclosu re of any and all mo rtgages which said No rthern Pacific Railroad Company claims to have placed on said granted lands by virtue of authority conferred in the said resolution of May 31, 1870, and the extent to which said proceedings and foreclosures meet the requ irements of said re solution with respe ct to the dispositi on of said granted lands, and relative to what lands, if any, have been wrongfully or erroneously patented or certified to said companies, or either of them, as the result of fraud, mistake of law or fact, or through legislative or administrative misapprehension as to the proper construction of said grants or Acts supplemental or relating t hereto, or other wise, and the Un ited State s and the N orthe rn Pacific Railroad Company, or the Northern Pacific Railway Com- pany, or any other proper person, shall be entitled to have heard and determined by the court all questions of law and fact, and all other claims and matters which may be germane to a full and complete adjudication of the respective rights of the United States and said companies, or their successors in interest under said Act of July 2, 1864, and said joint resolution of May 31, 1870, and in other Acts or resolutions supplemental thereto, and all other ques- ti ons of law and fact presented t o the join t congress ional comm ittee ap pointed under author ity of the joi nt reso lution of Cong ress of June 5, 1924 (Forty-third Statutes, page 461), notwithstanding that such matters may not be specifically mentioned in this enactment. SEC. 6. All lands received by the Northern Pacific Railroad Com- pany or its successors, the Northern Pacific Railway Company, under sa id gran ts or Acts of Congre ss supp lementa l or re lating thereto wh ich hav e not been ea rned, b ut whic h have been, f or any reason, erroneously credited or patented to either of said companies, or its, or their, successors, shall be fully accounted for by said companies, eith er by restitution o f the land itself, where the said land s have not passed into the hands of innocent purchasers for value, or otherwise, in accordance with the findings and decrees of the courts. In fixing the amount, if any, the said companies are entitled to receive on account of the retention by the United States of indemnity lands wi thin na tional forest s and o ther Go vernmen t reser vations, as by th is enactme nt provide d, the cour t shall de termine th e full val ue of the interest which may be rightfully claimed by said companies, or eith er of them, in said lands under the te rms of said grants, and shall de termine what quantit ies in lands o r value s said compani es have received in excess of the full amounts they were entitled to receive, either as a result of breaches of the terms, conditions, or covenants, either expressed or implied, of said granting Acts by said companies, or either of th em, or through mistak e of ha w or fa ct, or through misapprehension as to the proper construction of said grants, or as a resu lt of fraud, or oth erwise, and said ex cess lands and valu es, if any, sh all be cha rged again st said com panies in the judgme nts and de crees of said court. To carry out this enactment the court may render such judgments and decrees as law and equity may require. SEC. 7. The suit, or suits, herein authorized shall be brought in a dist rict court of the U nited States for so me district within the States of Wisconsin, Minnesota, North Dakota, Montana, Idaho, Washing- ton, or Oregon, and may be consolidated with any other actions now pe nding b etween the sa me part ies in the sam e court involv ing the 43 Con sid era tio n, etc ., of all questions of law and facts, all germane cla ims , etc. Foreclosure of mort- gage by the railroad, etc. Erroneously patented lands, etc. Rights of Unite d States and the compa- nies to be completely adju dicat ed. Vol.43,p. 461. All unearned lands received by the rail- road to be fully ac- counted for, by court decrees. Fixing of amount to comp anies for i ndem- nity lands within na- tional forests, etc ., s- tain ed by the U nited States. Venue of actions in district courts.

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