An Act To provide for the settlement of small holding claims on

xunsurveyed land in the State of New Mexico.



Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in township surveys hereafter to be Public lands. made in the State of New Mexico, if it shall be made bona fide possesto appear to the satisfaction of the deputy surveyor veyed "lands making such survey that any person has, through him- New Mexico. self, his ancestors, grantors, or their lawful successors in title or possession, been in the continuous adverse actual bona fide possession, residing thereon as his home, of any tract of land or in connection therewith of other lands, all together not exceeding one hundred and sixty acres, in such township for twenty years next preceding the time of making such survey, the deputy surveyor shall recognize and establish the lines of such possession and make the subdivision of the adjoining lands in Description in accordance therewith. Such possession shall be accu- when surveyed. rately defined in the field notes of the survey and delineated on the township plat, with the boundaries and area of the tract as a separate legal subdivision. The deputy surveyor shall return with his survey the name or names of all persons so found to be in possession, with a proper description of the tract in the possession of each as shown by the survey, and the proofs furnished to him of such possession. Upon receipt of such survey and proofs the Commis-ents to claimante

. sioner of the General Land Office shall cause careful investigation to be made in such manner as he shall deem necessary for the ascertainment of the truth in respect of such claim and occupation, and if satisfied upon such investigation that the claimant comes within the provisions of this section, he shall cause patents to be issued to the parties so found to be in possession for the tracts respectively claimed by them: Provided, however, That no person shall be entitled to confirmation Limitation. of, or to patent for, more than one hundred and sixty acres in his own right by virtue of this section.

All claims arising under this Act shall be filed with claims. the surveyor general of New Mexico within two years next after the passage of this Act, and no claim not so filed shall be valid. No tract of such land shall be subject to entry under the land laws of the United States: And provided further, That this Act shall not apply to

Grants of lots any city lot, town lot, village lot, farm lot, or pasture from corpora lot held under a grant from any corporation or town the therededitici

, not claim to which may fall within the provisions of this Act.

Approved, June 15, 1922 (42 Stat. 650).


Time for filing




[ocr errors]



343 341 345



3.51 354




ROADS.-Act of July 1, 1862—Incorporated-Authorized to locate and construct railroad and telegraph line--Right of way-Materials-Grant

of land--Mineral lands—Route Central Pacific granted similar rights.. Act of July 2, 1864—Limits of grant extended—Mineral lands not to in

clude coal and iron-Timber
Act of June 24, 1912—Certain conveyances legalized..
Act of October 10, 1919— Authorized to convey part of right of way-

1864--Incorporated-Authorized to locate and construct a railroad and
telegraph line-Right of way-Materials—Indian titles-Grant of

lands-Lieu lands-Mineral lands-Patents--Act of April 10, 1869-Branch line in State of Washington. Act of May 31, 1870—May issue bonds-Lands unsold after five years

from completion of road---

RAILROADS.-Act of July 27, 1866-Atlantic and Pacific Railroad
Co. incorporated--Authorized to locate and construct railroad and tele
graph line-Right of way--Materials-Indian titles-Grant of lands-
Lieu lands-Mineral lands—“Minerals " not to include coal and iron-
Patents--Similar rights to Southern Pacific Railroad in California to

connect with Atlantic and Pacific..
Act of June 28, 1870-Patents to Southern Pacific Railroad --
Act of March 3, 1871--Rights granted Southern Pacific Railroad in con-

necting with Texas Pacific Act of April 20, 1871--Atlantic and Pacific Railroad authorized to issue

bonds secured by mortgage -
Act of July 6, 1886—Forfeiture of grant adjacent to uncompleted por-

tion of road.
Act of March 3, 1897-Right of purchasers under mortgage
Act of June 27, 1902-Authorized to sell or lease.

25, 1866-Authorized to locate and construct railroad and telegraph
line_Grant of lands--Lieu lands-Right of way-Materials Pat-
ents--Land to revert if company fails to comply-Mineral lands--Ma-

terial for construction
Act of June 25, 1868–-Time for completion extended-
det of April 10, 1809--Railroad alloved one year to file assent under act

of July 25, 1866---How and to whom granted lands may be sold.--.
Act of June 9, 1916--Forfeiture of Oregon and California Railroad lands.
Act of May 31, 1918—Exchange of lands_
Act of October 21, 1918--Certain lands included in national forest
Act of May 25, 1920-Sale of isolated tracts

1917- Sale of certain lunds to Great Northern Railwiw ('0. authorize). COOS BAY WAGON ROAD.--Act of February 26, 1919–Reconveyince

accepted TAXATION OF RAILROAD LANDS. -Act of July 10, 1886-Railroad

grants not exempt from taxation. SURVEY OF RAILROAD LANDS.---Act of July 31, 1876—Rililroail

350 350 350


361 361 369 370 370




companies to pay costs of surveying granted lands_ Act of March 2, 1895—-Payment of costs of survey-Act of February 27, 1899 Payment of costs of surveyAct of June 25, 1910_Payment of costs of survey.

377 378 379 380)


Act of June 22, 1874—Entries on railroad lands may be completed and company select lieu lands.--

381 Act of March 3, 1875—Settlers may locate on unoccupied lands...

382 Act of April 21, 1876—Entries prior to notice of withdrawal may be perfected...

382 Act of March 3, 1879—May enter 160 acres--Additional entries.

383 Act of July 1, 1879—Same

381 Act of January 13, 1881, Settlers not qualified to enter may purchase. 384 Act of May 6, 1886-Patents to issue to settlers.

385 Act of March 3, 1887–Forfeitures--Bona fide settlers may perfect claims. 385 Act of March 2, 1889 Price of forfeited railroad lands--

385. Act of August 29, 1890--Act of June 22, 1874, extended to settlers hav- • ing unrecorded patents.

3SS. Act of September 29, 1890—Unearned lands forfeited—Settlers-Pur

chasers from the Northern Pacific Railroad Co. of certain lands in the State of Washington-Forfeited lands not to inure to the benefit of grantee---

385 Act of February 18, 1891-Extension of time for purchasers and settlers on forfeited lands to complete claims.--

391 Act of June 25, 1892--Extension of time to settlers and purchasers_.

391 Act of August 5, 1892-Settlers on certain lands in North and South Dakota may complete title_.

392 Act of January 31, 1893-Extension of time to settlers and purchasers-- 394 Act of December 12, 1893-Same --

393 Act of January 23, 1896—Same--

395 Act of February 12, 1896—Purchase price to be paid to the Government-- 396 Act of February 18, 1897-Extension of time to settlers and purchasers.- 396 Act of July 1, 1902—Relief of settlers on lands granted for wagon roads. 397 SETTLERS ON ATLANTIC AND PACIFIC AND SOUTHERN PA

CIFIC RAILROAD LANDS.-Act of April 28, 1904—-Settlers who have occupied railroad lands in New Mexico for 25 years-

397 Act of March 4, 1913--Indian settlers in Arizona, New Mexico, and California

39S Act of April 11, 1916—Time extended..


October 1, 1890-Settlers on second' indemnity belt may select other lands

399 Act of June 3, 1896—Entrymen on second indemnity belt in Minnesota-Chippewa lands---

400 Act of July 1, 1898-Settlers on railroad lands--Lieu lands by railroadLieu lands by settlers..

401 Act of March 2, 1899_Selections in lieu of lands in Mount Rainier National Park

404 Act of March 2, 1901--Act of July 1, 1898, extended

405 Act of May 17, 1906--Same_

405 Act of February 27, 1917— Act of July 1, 1898, applicable to lands in Washington

406 Act of February 28, 1919-Settlers on lands within certain Indian reservations in Montana

406 RAILROAD RIGHTS OF WAY.-Act of March 3, 1875—Rights of way, materials, station grounds, etc--

407 Act of March 3, 1899-Survey plats of wagon road, railroad, or other right of way across forest reservations

40S Act of February 27, 1901-Flowage rights over railroad lands in Minnesota--

40S Art of June 26, 1906-Railroad rights of way in Oklahoma and Arizona confirmed

400 Act of June 26, 1906–Right of way forfeited where road is not constructed and five years have elapsed since location of road.

410 Act of February 25, 1909—Same

410 Art of June 22, 1916-Right of way over Vancouver Barracks, Wash-- 411



1899-Right of way through Indian landsc----
Act of June 21, 1906-Same -
Act of June 25, 1910--Same-

1920—Railroads may sell part of right of way for public roads...
Act of March 8, 1922-Dispositi of abandoned portions of right of way-

412 416 415

416 417

Numerous grants of public lands have been made by Congress for the purpose of aiding in the construction of railroads. The most of these grants have been adjusted and closed, or practically so. The principal Acts, or parts thereof, donating lands for this purpose, which are of any special importance at the present time, are given on the following pages in connection with other laws relating to the subject.



An Act To aid in the construction of a railroad and telegraph line

from the Missouri River to the Pacific Ocean, and to secure to the Government' the use of the same for postal, military and other purposes.

Be it enacted by the Senate and House of Representa

tives of the United States of America in Congress asPacific rall. sembled, That certain persons mentioned] are hereby road.

created and erected into a body corporate and politic in Name of corpo deed and in law, by the name, style, and title of “ The ration.

Union Pacific Railroad Company;" and by that name shall have perpetual succession, and shall be able to sue and to be sued, plead and be impleaded, defend and be de

fended, in all courts of law and equity within the United Common seal. States, and may make and have a common seal; and the

said corporation is hereby authorized and empowered to

lay out, locate, construct, furnish, maintain, and enjoy a Railroad and continuous railroad and telegraph, with the appurtetelegraph.

nances, from a point on the one hundredth meridian of longitude west from Greenwich, between the south margin

of the valley of the Republican River and the north margin of the valley of the Platte River, in the Territory of Nebraska, to the western boundary of Nevada Territory, upon the route and terms hereinafter provided, and is hereby vested with all the powers, privileges, and immunities necessary to carry into effect the purposes of this Act as herein set forth.


Right of way.

SEC. 2. And be it further enacted, That the right of way through the public lands be, and the same is hereby, granted to said company for the construction of said railroad and telegraph line; and the right, power, and authority is hereby given to said company to take from the public lands adjacent to the line of said road, earth, stone, timber, and other materials for the construction


Indian titles to be extin.

Alternate sections of land


thereof; said right of way is granted to said railroad to
the extent of two hundred feet in width on each side of
said railroad where it may pass over the public lands,
including all necessary grounds for stations, buildings,
workshops, and depots, machine shops, switches, side
tracks, turntables, and water stations. The United
States shall extinguish as rapidly as may be the Indian guished.
titles to all lands falling under the operation of this Act
and required for the said right of way and grants here-
inafter made.

SEC. 3. And be it further enacted, That there be, and is hereby, granted to said company, for the purpose of aid- granted" to coming in the construction of said railroad and telegraph pany. line, and to secure the safe and speedy transportation of the mails, troops, munitions of war, and public stores thereon, every alternate section of public land, designated by odd numbers, to the amount of five alternate sections per mile on each side of said railroad, on the line thereof, and within the limits of ten miles on each side of said road, not sold, reserved, or otherwise disposed of by the United States, and to which a preemption or homestead claim may not have attached, at the time the line of said road is definitely fixed: Provided, That all Mineral lande, mineral lands shall be excepted from the operation of this Act; but where the same shall contain timber, the timber thereon is hereby granted to said company. And all such lands, so granted by this section, which shall not

subject to settle be sold or disposed of by said company within three years ment, etc. after the entire road shall have been completed, shall be subject to settlement and preemption, like other lands, at a price not exceeding one dollar and twenty-five cents per acre, to be paid to said company?

SEC. 4. And be it further enacted, That whenever said Patents for company shall have completed forty consecutive miles of how to issue. any portion of said railroad and telegraph line, ready for the service contemplated by this Act, and supplied with all necessary drains, culverts, viaducts, crossings, sidings, bridges, turnouts, watering places, depots, equipments, furniture, and all other appurtenances of a first class railroad, the rails and all the other iron used in the construction and equipment of said road to be American manufacture of the best quality, the President of the United States shall appoint three commissioners to Commissionera, examine the same and report to him in relation thereto; and if it shall appear to him that forty consecutive miles of said railroad and telegraph line have been completed and equipped in all respects as required by this Act, then, upon certificate of said commissioners to that effect, patents shall issue conveying the right and title to said lands to said company, on each side of the road as far as the same is completed, to the amount aforesaid; and patents shall in like manner issue as each forty miles of

1 Amended by sec. 4 of the Act of July 2, 1864.

Lands, when

« ForrigeFortsett »