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pany entitled to

land grant.

acquired by any railroad company under said act, nor Only one com- shall said act or this amendment be construed to entitle

more than one company to a grant of land: And provided Lands, how further, That the lands granted by the act aforesaid shall and to whom to be sold to actual settlers only, in quantities not greater

than one-quarter section to one purchaser, and for a price not exceeding two dollars and fifty cents per acre.

Approved, April 10, 1869 (16 Stat., 47).

SURVEYS.

Cost of survey:

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grants
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Extract from the sundry civil appropriation act, approved July 31, 1876

(19 Stat., 121).
And provided further, That before any land granted to
to railroad com- any railroad company by the United States shall be con-

veyed to such company, or any persons entitled thereto
under any of the acts incorporating or relating to said
company, unless such company is exempted 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.
An Act To authorize the Commissioner of the General Land Office to

cause public lands to be surveyed in certain cases.
Survey of land

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That when any railroad company claiming a grant of land under any act of Congress, desiring to secure the survey of any unsurveyed lands within the limits of its grant, shall file an application therefor 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 thereof pursuant to law_and the rules and regulations of the Department of the Interior under the direction of the Commissioner of the General Land Office, it shall thereupon be the duty of the Commissioner of the General Land Office, or the Director of the Geological Survey, as the case may be, to cause

said lands to be surveyed. deposit.

For any deposits made by any railroad company hereunder, certificates 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 regulations 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 Regulations. the Interior shall provide such rules and regulations as

may be necessary for carrying out the foregoing provisions.

Approved, February 27, 1899 (30 Stat., 892).

Certificate

of

for

An Act Making an appropriation for the survey of public lands lying

within the limits of land grants, to provide for the forfeiture to the United States of unsurveyed land grants to railroads, and for other purposes.

Be it enacted by the Senate and House of Representatives Railroad land of the United States of America in Congress assembled, That to enable the Secretary of the Interior to complete the adjustment of land grants made by Congress to aid in the construction of railroads, and to subject the lands granted to taxation by States, Territories, and municipal authorities, any railroad corporation required by law to pay the cobreposits costs of surveying, selecting, or conveying any lands ing, etc., required granted to such company or corporation, or for its use from companies. and benefit, by any Act of Congress, shall be, and is hereby, required, within ninety days from demand by the Secretary of the Interior, to deposit in a proper United States depository to the credit of the United States a sum sufficient to pay the cost of surveying, selecting, and conveying any of the unsurveyed lands granted to such company, or for its use and benefit, under any act of Congress: Provided further, That the Secretary of the Interior shall. Secretary of In

terior to specify determine and specify in the notice or demand to such amount. company the amount of the required deposit, and may, in his discretion, demand a sum sufficient to cover the cost of the survey, selection, and conveyance of the entire area granted to any company, or for its use, and benefit, then unsurveyed, or for such townships or fractional townships as he may prescribe and designate in the notice or demand to such company, as aforesaid: And provided Disbursement

of deposits. further, That the amount deposited shall, subject to the rules and regulations of the Department of the Interior, under the direction of the Commissioner of the General Land Office, be disbursed for the surveying, including office and field work, selection, and conveyance of the lands granted and designated in the notice of the Secretary of the Interior, as aforesaid: And provided further, That Repayment of in the event the money, deposited by any railroad corporation under the provisions of this Act shall exceed the cost of said surveys, the said excess thereof shall be repaid to the corporations so depositing the same, or to its assigns.

SEC. 2. That if any railroad corporation required by Forfeiture law to pay the cost of surveying, selecting, or conveying make deposit. any lands granted to such corporation, or for its use and benefit, by any Act of Congress, shall, for ninety days from notice or demand by the Secretary of the Interior, as provided in this Act, neglect or refuse to deposit an amount sufficient to meet the expense of surveying, selecting, and conveying the unsurveyed lands granted to such company, or for its use and benefit, by any Act of Congress, and designated in the notice or demand by the Secretary of the Interior, as aforesaid, the rights, title, and interests of such company, and all those claiming by, through, or under it, in and to the unsurveyed lands designated in the notice of the Secretary,

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of

Public surveys not affected

as aforesaid, shall cease and forfeit to the United States;

and the Secretary of the Interior shall notify the Proceedings. Attorney General, who shall at once commence proceed

ings to declare the forfeiture and to restore the lands forfeited to the public domain.

SEC. 3. That this Act shall not affect the right of the Secretary of the Interior to cause the public surveys to be extended over any lands granted to any railroad or corporation by any Act of Congress in the manner now otherwise provided by law, nor shall any claim, right, interest, or demand of the Government of the United

States be waived or annulled by the provisions hereof: Survoyed lands Provided, That all granted lands surveyed under the subject to taxa

provisions of this Act shall be subject to taxation by States, Territories, and municipal authorities, and the right of the Government to reimburse itself for the survey, seleotion, and conveyance of such lands otherwise

provided by law shall remain in full force and effect. Rogulations. SEC. 4. That the Secretary of the Interior shall pre

scribe such rules and regulations as will be necessary to the carrying out of the foregoing provisions.

Approved, June 25, 1910 (36 Stat., 834).

tion.

SETTLERS ON PUBLIC LANDS WITHIN RAILROAD

LIMITS.

An Act To grant additional rights to homestead settlers on public lands

within railroad limits.

Homestead entries in limits of land grants.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage of this act, the even sections within the limits of any grant of public lands to any railroad company, or to any military road company, or to any State in aid of any railroad or military road shall be open to settlers under the homestead laws to the extent of one hundred and sixty acres to each settler, and any person who has, under existing laws, taken a homestead on any even section within the limits of any railroad or military road land grant, and who by existing laws shall have been restricted to eighty acres, may enter under the homestead laws an additional eighty acres adjoining the land embraced in his original entry if such additional land be subject to entry; or if such person so elect, he may surrender his entry to the United States for cancellation, and thereupon be entitled to enter lands under the homestead laws the same as if the surrendered entry had not been made. And any person so making additional entry of eighty acres, or new entry after the surrender and cancellation of his original entry, shall be permitted so to do without payment of fees and commission; and the residence and cultivation of such person upon and of the land embraced in his original entry shall be considered residence and cultivation for the same length of time upon and of the land embraced in his additional or new entry,

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and shall be deducted from the five years' residence and cultivation required by law: Provided, That in no case shall patent issue upon an additional or new homestead entry under this act until the person has actually, and in conformity with the homestead laws, occupied, resided upon, and cultivated the land embraced therein at least one year.

Approved, March 3, 1879 (20 Stat., 472).

An Act To grant additional rights to homestead settlers on public lands within railroad limits in the States of Missouri and Arkansas.

Be it enacted by the Senate and House of Representatives odd sections in of the United States of America in Congress assembled, That Missouri and are from and after the passage of this act the odd sections kansas opened to within the limits of any grant of public lands to any rail- tlers. road company in the States of Missouri and Arkansas, or to such States respectively, in aid of any railroad, where the even sections have been granted to and received by any railroad company or by such States respectively in aid of any railroad, shall be open to settlers under the homestead laws to the extent of one hundred and sixty acres to each settler; and any person who has under existing laws taken a homestead on any section within the limits of any railroad grant in said States, and who by existing laws shall have been restricted to eighty acres, may enter under the homestead laws an additional eighty acres adjoining the land embraced in his original entry, if such additional land be subject to entry; or if such person so elect, he may surrender his entry to the United States for cancellation, and thereupon be entitled to enter lands under the homestead laws the same as if the surrendered entry had not been made. And any person so making additional entry, of eighty acres, or new entry after the cancellation of his original entry, shall be permitted to do so without payment of fees or commissions; and the residence of such person upon and cultivation Residence. of the land embraced in his original entry shall be considered residence and cultivation for the same length of time upon and of the land embraced in his additional or new entry, and shall be deducted from the five years' residence and cultivation required by law: Provided, That in no case shall patent issue upon an additional or new homestead entry under this act until the person has actually, and in conformity with the homestead laws, occupied, resided upon, and cultivated the land embraced therein at least one year.

Approved, July 1, 1879 (21 Stat., 46).

An Act For the relief of certain settlers on restored railroad lands.

Be it enacted by the Senate and House of Representatives on Relief or settlers of the United States of America in Congress assembled, That road lands. all persons who shall have settled and made valuable and

permanent improvements upon any odd-numbered sec-
tion of land within any railroad withdrawal in good faith
and with the permission or license of the railroad com-
pany for whose benefit the same shall have been made,
and with the expectation of purchasing of such company
the land so settled upon, which land so settled 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 preemption, homestead, or timber-culture acts of the
United States, shall be permitted at any time within three
months after such restoration, and under such rules and
regulations as the Commissioner of the General Land
Office may prescribe, to purchase not to exceed one hun-
dred and sixty acres in extent of the same by legal subdi-
visions, at the price of two dollars and fifty cents per acre,
and to receive patents therefor.

Approved, January 13, 1881 (21 Stat., 315).
An Act To protect homestead settlers within railway limits, and for other

purposes. Be it enacted by the Senate and House of Representatives of land grants to of the United States of America in Congress assembled, That have additional all homestead settlers on public lands within the railway

limits restricted to less than one hundred and sixty acres of land who have heretofore made or may hereafter make the additional entry allowed either by the act approved March third, eighteen hundred and seventy-nine, or the act approved July first, eighteen hundred and seventynine, after having made final proof of settlement and cultivation under the original entry shall be entitled to have the lands covered by the additional entry patented without any further cost or proof of settlement and cultivation.

Approved, May 6, 1886 (24 Stat., 22).

Homestead set

entry patented without cost.

ADJUSTMENT OF RAILROAD GRANTS.

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 un

earned lands, and for other purposes. Land grants to

Be it enacted by the Senate and House of Representatives immediately ad of the United States of America in Congress assembled, justod. That the Secretary of the Interior be, and is hereby,

authorized and directed to immediately adjust, in accordance with the decisions of the Supreme Court, each of the railroad land grants made by Congress to aid in the construction of railroads and heretofore unadjusted.

SEC. 2. That if it shall appear, upon the completion of strechou o cap. such adjustments respectfully (respectively), or sooner,

that lands have been from any cause heretofore 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 con

Patents, etc. celled.

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