Page:United States Statutes at Large Volume 24.djvu/590

FORTY-NINTH CONGRESS. Sess. II. C11. 376. 1887. 557 necessary proceedings to cancel all patents, certiication, or other evidence of title heretofore issued for such lands, and to restore the title thereof to the United States. _ Sec. 3. That if, in the adjustment of said grants, it shall appear that Entries or bona the homestead or pre-emption entry of any bona tide settler ha been 6*1** $°m°'¤- °”°· erroneously canceled on account of any railroad grant or the withdrawal :f;’;Tg' °;‘;}‘;‘f£;’g* of public lands from market, such settler upon application shall be re- P ` instatcd in all his rights and allowed to perfect his entry by complying with the public land laws: Provided, That; he has not located another rmsm. ` claim or made an entry in lieu of the one so erroneously canceled: And provided also, That he did not voluntarily abandon said original entry: And provided further, That if any of said settlers do not renew their ap- Al•vli<==&**¢>¤ *0 plication to be reinstated within a reasonable time, to be fixed by the ;’:n:',':{;°t{;"_" “'“‘ Secretary of the Interior, then all such unclaimed lands shall be dis- ` posed of under the public land laws, with priority of right given to bona tide purchasers of said unclaimed lands, if any. and if there be no such purchasers. then to bona fide settlers residing thereon. · Sec. 4. That as to all lands, except those mentioned in the foregoing Landspurchaserl ` section, which have been so erroneously certified or patented as afore- T¤>¤¤ ¤<>¤¤P¤¤i*·¤· *0 said, and which have been sold by the grantee company to citizens of _;’;g’s‘:;“‘°d °° P"" the United States, or to persons who have declared their intention to ' become such citizens, the person or persons o purcliasingin good iaith, his heirs or assigns, shall he entitled to the land so purchased, upon making proof of the fact of such purchase at the proper landoffice, within such time and under such rules as may be prescribed by the Secretary of the Interior, after the grants respectively shall have been adjusted; and patents of the United States shall issue therefor, and shall relate back to the date of the original certilication or patenting, and · the Secretary of the Interior, on behalf of the United States, shall ele- Companiesto pay mand payment from the company which has so disposed of such lands l§”'°h”°·m°tE*°Y1:° ~of an amount equal to the Government price of similar lands; and in 1::::,%*7 ° ° ° case of neglect or refusal of such company to make payment as here- ` after specified, within- ninety days after the demand shall have been made, the Attorney-General shall cause suit or suits to be brought against such company for the said amount : Provided, That nothing in Provisoa. this act shall prevent any purchaser of lands'en·oneously withdrawn, certified, or patented as aforesaid from recovering the purchase-money R¤¤¤*¤¥y by PM'- therefor from the grantee company, less the amount paid to the United °h‘“°’· States by such company as by this act required: And provided, That a mortgage or pledge of said lands by the company shall not be con- M¤¤ts¤¤¤ Mt sidered as a sale for the purpose of this act, nor shall this act be con- °°"'m°"“ " "‘l°· strued as a declaration of forleiture of any portion of any land-grant for conditions broken, or as authorizing an entry for the same, or as a waiver of any rights that the United States may have on account of any breach of said conditions. Sm:. 5. That where any said company shall have sold to citizens of _S¤les_ot‘1»mds on the United States, or to persons who have declared their intention to l'" °Ld":’:)"c;_;:f become such citizens, as a part of its grant, lands not conveyed to or 222;:3 for the use of such company, said lands being the numbered sections prescribed in the grant, and being coterminous with the constructed parts of said road, and where the lands so soldare for any reason excepted from the operation of the grant to said company, it shall be lawful lor the bona tide purchaser thereof from said company to make payment to the United States for said lands at the ordinary Govern ment price for like lands, and thereupon patents shall issue theretor to the said bona tide purchaser, his heirs or assigns: Provided, That all Pmim. lands shall be excepted from the provisions of this section which at the ‘ date of such sales were in the bona tide occupation of adverse claimants Adverse claimunder the pre-emptiou or homestead laws of the United States, and **1**- whose claims and occupation have not since been voluntarily abandoned, as to which excepted lands the said pre-emption and homestead claim- .ants shall be permitted to perfect their proofs and entries and receive