United States.

Compiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes online

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Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 111 of 150)
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to such lien, and the United States is entitled to become a preferred purchaser,
by Act July 10, 1886, c. 764, post, §§ 4883-4886.

Deposits by railroad companies for expenses of surveys were provided for
by Act Feb. 27, 1899, c. 205, post, i 4888.

§ 4883. (Act July 10, 1886, c. 764, § 1.) Surveyed railroad grant
lands taxable notwithstanding lien for cost of surveying, etc.
No lands granted to any railroad corporation by any act of Con-
gress shall be exempt from taxation by States, Territories, and
municipal corporations on account of the lien of the United States
upon the same for the costs of surveying, selecting, and conveying
the same, or because no patent has been issued therefor; but this
provision shall not apply to lands unsurveyed: Provided, That
any such land sold for taxes shall be taken by the purchaser sub-
ject to the lien for costs of surveying, selecting, and conveying, to
be paid in such manner by the purchaser as the Secretary of the
Interior may by rule provide and to all liens of the United States,
all mortgages of the United States, and all rights of the United

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§ 4883 THE PUBLIC LANDS (Tit 32

States in respect of such lands: Provided further, That this act
shall apply only to lands situated opposite to and coterminous
with completed portions of said roads, and in organized counties:
Provided further. That at any sale of lands under the provisions
of this act the United States may become a preferred purchaser,
and in such case the lands sold shall be restored to the public do-
main and disposed of as provided by the laws relating thereto.
(24 Stat. 143.)

This section and the three sections next following were an act entitled "Am
act to provide for taxation of railroad-grant lands, and for other parpom^a."

§ 4884. (Act July 10, 1886, c. 764, § 2.) CoUection of cost of sur-
veying, etc., railroad grant lands.
If any railroad corporation required by law to pay the costs of
surveying, selecting, or conveying any lands granted to such com-
pany or for its use and benefit by act of Congress shall for thirty
days neglect or refuse to pay any such costs after demand for
payment thereof by the Secretary of the Interior, he shall notify
the Attorney-General, who shall at once commence proceedings to
collect the same. But when any sum shall be collected of such rail-
road company as costs of surveying, selecting, and conveying any
tract of land which shall have been purchased imder the provisions of
section one hereof, the Secretary of the Interior shall out of such
collections reimburse said purchaser, his heirs or assigns, the amotmt
of money paid by him as the costs of such surveying, selecting, and
conveying. (24 Stat 143.)

§ 4885. (Act July 10, 1886, c. 764, § 3.) Right of forfeiture <rf
railroad grants not affected by act
This act shall not affect the right of the Government to declare
or enforce a forfeiture of any lands so granted ; but all the rights
of the United States to said lands or to any interest therein shall
be and remain as if this act had not passed, except as to the lien
mentioned in the first section hereof. (24 Stat. 143.)

§ 4886. (Act July 10, 1886, c. 764, § 4.) Cost of survcjring lands
granted to Union Pacific Railroad.
Section twenty-one of chapter two hundred and sixteen, ap-
proved July second, eighteen hundred and sixty-four, is hereby so
amended as that the costs of surveying, selecting and conveying
therein required to be paid shall become due and payable at and
on the demand therefor made by the Secretary of the Interior as
provided in section two of this act, and nothing in this act shall be
construed or taken in any wise to affect or impair the right of Con-
gress at any time hereafter further to alter, amend, or repeal the said
act, as in the opinion of Congress, justice or the public welfare may
require, or to impair or waive any right or remedy in the premises
now existing in favor of the United States. This act shall be subject
to alteration, amendment, or repeal. (24 Stat. 143.)

Act July 2, 1864, c 210, | 21, 13 Stat 366, mentioned in this Mctioti, pro-
Tided that before any of the land granted to the Union Pacific RaUwaj Com-
pany should be conveyed the cost of sorveyinf, etc, must be paid*

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Ch. 10b) the public lands § 4887

§ 4887. (Act March 2, 1895, c. 189, § 1.) Survey of lands withm
limits of railroad grants; continuing appropriation; reim-
bursement; reports.

For the survey of the public lands lying within the limits of land
grants made by Congress to aid in the construction of railroads,
and the selection therein of such lands as are granted therefor, to
enable the Secretary of the Interior to carry out the provisions of
section one of the Act of March third, eighteen hundred and eighty-
seven, entitled "An Act to provide for the adjustment of land grants
made by Congress to aid in the construction of railroads, and for the
forfeiture of unearned lands, and for other purposes," being chapter
three hundred and seventy-six of volume twenty-four of the Statutes
at Large, page five hundred and fifty-six, the sum of one hundred
thousand dollars is hereby appropriated and made a continuing ap-
propriation for the survey of lands within the limits of railroad land
grants, and any money which shall be expended of such appropriation
and reimbursed and paid into the Treasury is hereby reappropriated,
and said sum shall remain a continuing appropriation, and so often
as any part of the same shall, after being expended, be reimbursed
by any railroad company as hereinafter provided, the same shall be
again available for the purposes aforesaid: Provided, That any
portion of said sum expended for surveying such lands shall be reim-
bursed by the respective companies or parties in interest for whose
benefit the lands are granted, according to the provisions of the
Act of July fifteenth, eighteen hundred and seventy, chapter two
hundred and ninety-two, volume sixteen, pages three hundred and
five and three hundred and six, and Act of July thirty-first, eighteen
hundred and seventy-six, chapter two hundred and forty-six of vol-
ume nineteen, page one hundred and twenty-one of the Statutes
at Large, requiring "that before any lands granted to any railroad
company shall be conveyed to such company or any persons entitled
thereto under any of the Acts incorporating or relating to said com-
pany, unless said company is excepted by law from the payment
of such cost, there shall first be paid into the Treasury of the United
States the cost of surveying, selecting, and conveying the same by
the said company or persons in interest": And provided further.
That whenever there shall have been reimbursed and paid into the
Treasury of the United States, by the respective companies or parties
in interest, any part of said appropriation expended for surveys with-
in such grants, there shall be immediately available, out of any money
in the Treasury not otherwise appropriated, an amount equal to the
amount so reimbursed, and the same shall be available for the sur-
vey of the public lands lying within the limits of the railroad, land
grants made by Congress, until all of said lands shall have been
surveyed: Provided, That nothing herein contained shall be con-
strued to prevent the use, within the limits of any railroad land grant
made by Congress, of any part of any regular appropriation for sur-
veying the public lands: Provided, That no part of the foregoing
money shall be used for any land embraced in any grant to the State
of Florida: And provided further. That the provisions of law re-

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g 4887 THB PUBLIC LANDS (Tit 32

quiring reimbursements to be made to the United States by railroad
corporations claiming such grants, shall apply equally to the succes-
sors of such railroad corporations acquiring title to their lands and
other property, under decree of foreclosure of any mortgage author-
ized by Congress. This paragraph shall be in lieu of the provision in
the sundry civil appropriation Act approved August eighteenth,
eighteen hundred and ninety-four, providing for the survey of such
lands, and the Secretary of the Interior shall report to each regular
session of Congress what has been done under the foregoing provi-
sions. (28 Stat. 937.)

This was a provision of the sundry dvil appropriation act for the fiscal year
18JX5, cited above.

It superseded a similar provision in the sundry civil appropriation act for
the preceding year, Act Aug. 18, 1894. c. 301, I 1, 28 Stat 3ft5.

Act March 3, 1887, c 376, mentioned in this provision, is set forth post,
II 4895-4900.

Act July 15, 1870, c 292, 16 Stat. 305, also mentioned in this provbcioa.
made appropriations for surveying the public lands; and required the surrey
of lands granted to the Northern Pacific Bailroad to be paid for.

Provisions of Act July 31, 1876, a similar requirement of which is qooted
in this provision, are set forth ante, | 4882, and the further provisions, relatinx
to the subject, of Act July 10, 1886, c 764, are also set forth ante, H ^^'^'^
4886.

§ 4888. (Act Feb. 27, 1899» c. 205.) Deposits for survejrs of lands
granted to railroads.

When any railroad company claiming a grant of land under any
Act of Congress, desiring to secure the survey of any unsurveycd
lands within the limits of its grant, shall file an application there-
for in writing with the surveyor-general of the State in which the
lands sought to be surveyed are situated, and deposit in a proper
United States depository to the credit of the United States a sum
sufficient to pay for such survey and for the examination there<:)f
pursuant to law and the rules and regulations of the Department
of the Interior under the direction of the Commissioner of the Gen-
eral Land Office, it shall thereupon be the duty of the Commis-
sioner of the General Land Office, or the Director of the Geolofi:i-
cal Survey, as the case may be, to cause said lands to be surveyed

For any deposits made by any railroad company hereunder, certifi-
cates shall be issued, which may be used by such railroad company,
its successors or assigns, to the same extent as cash is now allowed
in payment of entries of public lands under existing law and regula-
tions for any public lands of the United States in the States where
the surveys were made, or for any survey or office fees due the
United States from such railroad company on account of surveys of
lands within its grant The Secretary of the Interior shall pro\ndc
such rules and regulations as may be necessary for carrying out the
foregoing provisions. (30 Stat. 892.)

This was an act entitled **An act to authorise the Commissioner of the Gen-
eral L*and Uttice to cause public lands to be surveyed in certain cases.*'

Provisions relating to the payment and collection of the ctMit of surveyiof
lands granted to railroads of Act July 31, 1876, c 246, | 1, and Act July 10,
1S8U. c. 764, are set forth ante, U 4882-4886.

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Ch. 10b) the public lands § 4890

§ 4889. (Act June 22, 1874, c. 400.) Selection by railroads of
lands in lieu of lands entered by settlers subsequent to ac-
crual of rights of railroads ; title of settlers.

In the adjustment of all railroad land grants, whether made di-
rectly to any railroad company or to any State for railroad pur-
poses, if any of the lands granted be found in the possession of an
actual settler whose entry or filing has been allowed under the
[pre-emption or] homestead laws of the United States subsequent
to the time at which, by the decision of the land-office, the right
of said road was declared to have attached to such lands, the
grantees, upon a proper relinquishment of the lands so entered or
filed for, shall be entitled to select an equal quantity of other lands
in lieu thereof from any of the public lands not mineral and within
the limits of the grant not 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 conflict may be perfected into complete title as if such lands
had not been granted: Provided, That nothing herein contained
shall in any manner 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 railroad purposes : And provided further, That
this act shall not be construed so as in any manner to confirm or
legalize any decision or ruling of the Interior Department under
which lands have been certified to any railroad company when
such lands have been entered by a [pre-emption or] homestead
settler after the location of the line of the road and prior to the
notice to the local land-office of the withdrawal of such lands from
market. (18 Stat. 194.)

This was an act entitled **An act for the relief of settlers on railroad lands."

The words "pre-emption or," inclosed in brackets in this section, were su-
perseded by the repeal of the pre-emption laws by Act March 3, 1891, c. 561,
{ 4, 26 Stat. 1097. See note to chapter 4 of this Title.

The provisions of this act were extended to all persons entitled to the right
of homestead or pre-emption under the laws of the United States who have
resided upon and improved for five years lands granted to any railroad com-
pany whose entries or filings have not been admitted to record, by Act Aug.
29, 1890, c. 819, post, | 4890.

The provisions of this act and all acts amendatory thereof and supplementary
thereto apply to grants in aid of the construction of wagon roads, by Act
July 1, 1902, c. 1386. post, § 4904.

Any homestead settler whose entry within the limits of the grant to the
State of Alabama in aid of the construction of the Mobile & Girard Kaiiroad,
bv Act June 3, 1856, c 42. 11 Stat. 18, has been canceled because of a superior
claim to the land through purchase from the railroad company, is accorded
the privilege of transferring his claim to other public land subject to home-
stead entry, or, should he elect to retain the tract embraced in his homestead
entry, the holder of the patented title through the railroad grant may relinquish
or reconvey the land included In such homestead entry, and thereupon shall be
entitled to select and receive patent for an equal quantity of public lands
subject to homestead entry, by Act Feb. 24, 1905, c 779, 33 Stat. 813.

§ 4890. (Act Aug. 29, 1890, c. 819.) Rights of entrjniien on rail-
road lands whose entries have not been admitted to record.
The privileges granted by the aforesaid act approved June twen-

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§ 4890 THB PUBLIC LANDS (Tit 32

ty-sccond, eighteen hundred and seventy-four, are hereby extended
(subject to the provisos, limitations, and restrictions thereof) to
all persons entitled to the right of homestead [or pre-emption] un-
der the laws of the United States, who have resided upon and im-
proved for five years lands granted to any railroad company, but
whose entries or filings have not for any cause been admitted to
record. (26 Stat. 369.)

This was an act entitled "An act to amend an act entitled 'An act for tkc
relief of settlers on railroad lands,' approved June twentj-second eifbteea
hundred and seventy-four."

The words **or pre-emption/* inclosed in brackets in this section, were so-
perseded by the repeal of the pre-emption laws by Act March 8, 1891, c 561«
I 4, 26 Stat 1097. See note to chapter 4 of this TiUe.

Act June 22, 1874, c 400, mentioned in this act, is set forth ante, | 4880.

§ 4891. (Act April 21, 1876, c. 72, § 1.) Homestead entries on
railroad lands prior to their withdrawal or after their restora-
tion to market confirmed
All [pre-emption and] homestead entries, or entries in compli-
ance 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 the
lands embraced in such grant was received at the local land-office
of the district in which such lands are situated, or after their restora-
tion to market by order of the General Land-Office, and where the
[pre-emption and] homestead laws have been complied with, and
proper proofs thereof have been made by the parties holding such
tracts or parcels, they shall be confirmed, and patents for the same
shall issue to the parties entitled thereto. (19 Stat. 35.)

This section and the two sections next following were an act entitled *'Aa
act to confirm pre-emption and homestead entries of public lands within the
limits of railroad-grants in cases where such entries hare been made onder the
regulations of the land department**

The words **pre-emption and/' inclosed in brackets in this section, were
superseded by the repeal of the pre-emption laws by Act March 8, 1891« c. 561,
I 4, 20 Stat 1097. See notes to chapter 4 of this Htle.

§ 4892. (Act April 21, 1876, c. 72, § 2.) Homestead entries on
abandoned railroad lands.
When at the time of such withdrawal as aforesaid valid [pre-
emption or] homestead claims existed upon any lands within the
limits of any such grants which afterward were abandoned, and,
under the decisions and rulings of the Land Department, were re-
entered by [pre-emption or] homestead claimants who have com-
plied with the laws governing [pre-emption or] homestead entries,
and shall make the proper proofs required under such laws, such
entries shall be deemed valid, and patents shall issue therefor to
the person entitled thereto. (19 Stat. 35.)

The words **pre-emption or," inclosed in brackets in this section, wen su-
perseded by the repeal of the pre-emption laws, by Act Biarch 3, 1891, e. 561,
I 4, 2(5 SUt 1097. See notes to cliapter 4 of this Title.

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Ch. 10b) the public lands § 4895

§ 4893. (Act April 21, 1876, c. 72, § 3.) Homestead entries on
railroad lands subsequent to expiration of grant.

All such [pre-emption and] homestead entries which may have
been made by permission of the Land Department, or in pursu-
ance of the rules and instructions thereof, within the limits of any
land-grant at a time subsequent to expiration of such grant, shall be
deemed valid, and a compliance with the laws and the making of the
proof required shall entitle the holder of such claim to a patent there-
for. (19 Stat. 36.)

The words "pre-emption and/' inclosed in brackets in this section, were
superseded by the repeal of the pre-emption laws by Act March 3, 1891, c
561, i 4, 26 Stat 1097. See notes to chapter 4 of this Title.

§ 4894. (Act Jan. 13, 1881, c. 19.) Rights of permissive settlers
on railroad lands restored to public domain.
All persons who shall have settled and made valuable and per-
manent improvements upon any odd numbered section of land
within any railroad withdrawal in good faith and with the per-
mission or license of the railroad company for whose benefit the
same shall have been made, and with the expectation of purchas-
ing of such company the land so settled upon, which land so set-
tled upon and improved, may, for any cause, be restored to the
public domain, and who, at the time of such restoration, may not be
entitled to enter and acquire title to such land under the [pre-emp-
tion] homestead [, or timber-culture] acts of the United States, shall
be permitted, at any time within three months after such restora-
tion, and under such rules and regulations as the Commissioner of
the General Land Office may prescribe, to purchase not to exceed
one hundred and sixty acres in extent of the same by legal sub-
divisions, at the price of two dollars and fifty cents per acre, and
to receive patents therefor. (21 Stat. 315.)

This was an act entitled "An act for the relief of certain settlers on restored
railroad lands."

The word "pre-emption," inclosed in brackets in this section, was superseded
by the repeal of the pre-emption laws by Act March 3, 1891, c 561, § 4, 26
Stat 1097; and the words "or timber-culture," also inclosed in brackets in
this section, were superseded by the repeal of the timber-culture laws by Act
March 8, 1891, c. 561, | 1, post, i 5116.

§ 4895. (Act March 3, 1887, c. 376» § 1.) Adjustment of land
grants to railroads by Secretary o( Interior.

That the Secretary of the Interior be, and is hereby authorized
and directed to immediately adjust, in accordance with the deci-
sions of the Supreme Court, each of the railroad land grants made
by Congress to aid in the construction of railroads and heretofore
unadjusted. (24 Stat. 556.)

This was the first section of an act entitled "An act to provide for the ad-
justment of land grants made by Congress to aid in the construction of rail-
roads and for the forfeiture of unearned lands, and for other purposes."

Sections 2-6 and 7 of the act are set forth post, §| 4896-4900.

Section 6 of the act gave purchasers of lands granted to aid in the con-
struction of railroads, at sales of the lands for State and county taxes thereon
as the property of any railroad company, a prior right to purchase such lands

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§ 4895 THB PUBLIC LANDS (Tit 32

from the United States, to continiie one year from the approval of this act.
It is omitted, as temporary merely.

To enable the Secretary of the Interior to complete the adjustment of land
gmntB to aid in the construction of railroads, any railroad corporation requir-
ed by law to pay the costs of suryesdng, etc., unsunreyed lands i^ranted to it.
was required to deposit a sum sufficient to pay such cost, to be disbursed for
the surveying, etc., and conveyance of such lands, by Act June 25, 1910, c
406, post, H 4014^917.

§ 4896. (Act March 3, 1887, c. 376, § 2.) Cancellation of patents
erroneously issued; reconveyance to United States; suits to
cancel patents.
If it shall appear, upon the completion of such adjustments re-
spectfully, or sooner, that lands have been, from any cause, here-
tofore erroneously certified or patented, by the United States, to
or for the use 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 from such company a relinquishment or recon-
veyance to the United States of all such lands, whether within'
granted or indemnity limits ; and if such company shall neglect or
fail to so reconvey such lands to the United States within ninety days
after t^e aforesaid demand shall have been made, it shall thereupon
be the duty of the Attorney-General to commence and prosecute in
the proper courts the necessary proceedings to cancel all patents,
certification, or other evidence of title heretofore issued for such
lands, and to restore the title thereof to the United States. (24
Stat. 556.)

The word ''respectfully," in the first sentence of this section, was used, ap-
parently, for "respectively."

§ 4897. (Act March 3, 1887, c. 376, § 3.) Erroneous cancellation
of entries of bona fide settlers corrected.
If, in the adjustment of said grants, it shall appear that the
homestead or pre-emption entry of any bona fide settler has been
erroneously canceled on account of any railroad grant or the with-
drawal of public lands from market, such settler upon application
shall be reinstated in all his rights and allowed to perfect his entr\'
by complying with the public land laws: Provided, That he has
not located another claim or made an entry in lieu of the one so
erroneously canceled: And provided also, That he did not volun-
tarily abandon said original entry: And provided further. That if
any of said settlers do not renew their application to be reinstated
within a reasonable time, to be fixed by the Secretary of the Interior,
then all such unclaimed lands shall be disposed of under the public
land laws, with priority of right given to bona fide purchasers of said
unclaimed lands, if any, and if there be no such purchasers, then to
bona fide settlers residing thereon. (24 Stat 557.)

§ 4898. (Act March 3, 1887, c. 376, § 4, as amended. Act Feb. 12,
1896, Cv 18.) Patents to purchasers of lands from railroads;
payment to United States by railroads of purchase money;
suits for purchase money.
As to all lands, except those mentioned in the foregoing section,
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Ch. 10b) the public lands § 4899

which have been so erroneously certified or patented as aforesaid,



Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 111 of 150)