be Suits to annul patents to brought in years. third, eighteen hundred and ninety-one, be, and the same is hereby, amended so as to read as follows: "SEC. 8. That suits by the United States to vacate and six annul any patent heretofore issued shall only be brough within five years from the passage of this act, and suits to vacate and annul patents hereafter issued shall only be brought within six years after the date of the issuance of such patents." Time limit in suits to annul Approved, March 3, 1891 (26 Stat., 1093). An Act To provide for the extension of the time within which suits may be brought to vacate and annul land patents, and for other purposes. Be it enacted by the Senate and House of Representatives railroad grants. of the United States of America in Congress assembled, That suits by the United States to vacate and annul any patent to lands heretofore erroneously issued under a railroad or wagon road grant shall only be brought within five years from the passage of this act, and suits to vacate and annul patents here after issued shall only be brought within six years after the date of the issuance of such patents, and the limitation of section eight of chapter five hundred and sixty-one of the acts of the second session of the Fiftyfirst Congress and amendments thereto is extended acBona fide pur-cordingly as to the patents herein referred to. But no patent to any lands held by a bona fide purchaser shall be vacated or annulled, but the right and title of such purLands not off chaser is hereby confirmed: Provided, That no suit shall be brought or maintained, nor shall recovery be had for lands or the value thereof, that were certified or patented in lieu of other lands covered by a grant which were lost or relinquished by the grantee in consequence of the failure of the Government or its officers to withdraw the same from sale or entry. chasers. cially withdrawn. Claims of bona fide purchasers. SEC. 2. That if any person claiming to be a bona fide purchaser of any lands erroneously patented or certified shall present his claim to the Secretary of the Interior prior to the institution of a suit to cancel a patent or certification, and if it shall appear that he is a bona fide purchaser, the Secretary of the Interior shall request that suit be brought in such case against the patentee, or the corporation, company, person, or association of persons for whose benefit the certification was made, for the value of said land, which in no case shall be more than the minimum Government price thereof, and the title of Decree of court. such claimant shall stand confirmed. An adverse decision by the Secretary of the Interior on the bona fides of such claimant shall not be conclusive of his rights, and if such claimant, or one claiming to be a bona fide purchaser, but who has not submitted his claim to the Secretary of the Interior, is made a party to such suit, and if found by the court to be a bona fide purchaser, the court shall decree a confirmation of the title, and shall rights of parties. render a decree in behalf of the United States against the patentee, corporation, company, person, or association of persons for whose benefit the certification was made for the value of the land as hereinbefore provided. Any bona fide purchaser of lands patented or certified to a Establishing railroad company, and who is not made a party to such suit, and who has not submitted his claim to the Secretary of the Interior, may establish his right as such bona fide purchaser in any United States court having jurisdiction of the subject-matter, or at his option, as prescribed in sections three and four of chapter three hundred and seventy-six of the acts of the second session of the Forty-ninth Congress. chasers to be in SEC. 3. That if at any time prior to the institution of Claims of pursuit by the Attorney-General to cancel any patent or vestigated before certification of lands erroneously patented or certified a cancel patent. entering suit to claim or statement is presented to the Secretary of the Interior by or on behalf of any person or persons, corporation or corporations, claiming that such person or persons, corporation or corporations, is a bona fide purchaser or are bona fide purchasers of any patented or certified land by deed or contract, or otherwise, from or through the original patentee or corporation to which patent or certification was issued, no suit or action shall be brought to cancel or annul the patent or certification for said land until such claim is investigated in said Department of the Interior; and if it shall appear that such person or corporation is a bona fide purchaser as aforesaid, or that such persons or corporations are such bona fide purchasers, then no such suit shall be instituted and the title of such claimant or claimants shall stand confirmed; but the Secretary of the Interior shall request that suit be brought in such case against the patentee, or the corporation, company, person, or association of persons for whose benefit the patent was issued or certification was made for the value of the land as hereinbefore specified. Approved, March 2, 1896 (29 Stat., 42). Extract from the legislative appropriation act approved March 2, 1895 (28 Stat., 807). ents may be by SEC. 3. The engrossing and recording of patents for Engrossing patpublic lands may be done by means of typewriters or typewriters. other machines, under regulations to be made by the Secretary of the Interior and approved by the President. Occupants of cases. DISPOSSESSED OCCUPANTS. An Act For the benefit of occupying claimants. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Dispossessed That when an occupant of land, having color of title, in lands to have rem-good faith has made valuable improvements thereon, and edies in certain is, in the proper action, found not to be the rightful owner thereof, such occupant shall be entitled in the Federal courts to all the rights and remedies, and, upon instituting the proper proceedings, such relief as may be given or secured to him by the statutes of the State or Territory where the land lies, although the title of the plaintiff in the action may have been granted by the United States after said improvements were so made. Approved, June 1, 1874 (18 Stat., 50). INDIAN HOMESTEADS, ALLOTMENTS, AND RESERVATIONS. For rights of way through Indian reservations, see "Rights of Page. way". Revised Statutes, Sec. 2093-Disposal of Indian lands....... Protection. Act of March 3, 1875 (18 Stat., 420)-Homestead entry by Act of March 3, 1883 (22 Stat., 590)-Proceeds of reservations.. Act of October 19, 1888 (25 Stat., 612)-Indian may surrender 287 120 120 122 123 123 124 128 Act of February 16, 1889 (25 Stat., 673)-Disposal of dead timber. where allottee disabled-Selection of public land-Fees* Determination of descent. 129 Act of March 3, 1893 (27 Stat., 631)-Costs in legal contests— 131 Act of August 15, 1894 (28 Stat., 305)-Leases. 132 132 Act of February 6, 1901 (31 Stat., 760)-Actions in court to determine right where allotment is denied.. 132 Act of May 27, 1902 (32 Stat., 275)—Inherited lands may be conveyed in fee 133 Act of May 31, 1902 (32 Stat., 284)-State statutes of limitations applicable in suits for profit of lands patented in severalty to Indians. 134 Act of June 19, 1902 (32 Stat., 744)-Allotments in severalty outside of Indian Territory. 134 Act of April 23, 1904 (33 Stat., 297)-Errors in allotments and patents to be corrected. 135 Act of May 8, 1906 (34 Stat., 182)—Citizenship-Patents.......... Act of June 21, 1906 (34 Stat., 326, 327)—Restrictions on alienation-Lands not liable for prior debts-Trust funds-Sales within reclamation projects. 135 137 138 Act of March 1, 1907 (34 Štat., 1016, 1018)—Payment of taxes- 138 139 141 142 Act of December 21, 1911 (37 Stat., 46)-Jurisdiction of Indian allotment suits.. 149 Act of June 6, 1912 (37 Stat., 125)--Classification and appraisement of unallotted lands 150 119 Act of February 14, 1913 (37 Stat., 678)—Disposal of allotments, Page. trust moneys, etc., by will... 150 Ute Indian lands, Colorado—Act of June 15, 1880 (21 Stat., 203)– 152 Disposal of proceeds of sales of Indian lands. 135. Act of February 20, 1895 (28 Stat., 678)-Surplus lands subject Act of June 13, 1902 (32 Stat., 384)-Subject to free homesteads. Act of June 27, 1902 (32 Stat., 400) Timber lands to be opened to Act of May 23, 1908 (35 Stat., 268)-Lands subject to home- Acts of Congress providing for disposition of surplus lands in UNITED STATES REVISED STATUTES. 152 153 153 154 154 155 155 SEC. 2093. All moneys received from the sales of lands that have been or may be hereafter, ceded to the United Jan. 9, 1837, 58., States by Indian tribes, by treaties providing for the investment or payment to the Indians, parties thereto, of the proceeds of the lands ceded by them, respectively, after deducting the expenses of survey and sale, any sums stipulated to be advanced, and the expenses of fulfilling any engagements contained therein, shall be paid into the Treasury in the same manner that moneys received from the sales of public lands are paid into the Treasury. Survey of In dian reservations. 13 8., 41. SEC. 2115. Whenever it becomes necessary to survey Apr. 8, 1864, any Indian or other reservations, or any lands, the same shall be surveyed under the direction and control of the General Land-Office, and as nearly as may be in conformity to the rules and regulations under which other public lands are surveyed. Purchases or grants from Indi ans. 8., 730. SEC. 2116. No purchase, grant, lease, or other conveyance of lands, or of any title or claim thereto, from any June 30, 1834, 4 Indian nation or tribe of Indians, shall be of any validity in law or equity, unless the same be made by treaty or convention entered into pursuant to the Constitution. Every person who, not being employed under the authority of the United States, attempts to negotiate such treaty or convention, directly or indirectly, or to treat with any such nation or tribe of Indians for the title or purchase of any lands by them held or claimed, is liable to a penalty of one thousand dollars. The agent of any State who may be present at any treaty held with Indians under the authority of the United States, in the presence and with the approbation of the commissioner of the United States appointed to hold the same, may, however, propose to, and adjust with, the Indians the compensation to be made for their claim to lands within such State, which shall be extinguished by treaty. |