Page:United States Statutes at Large Volume 26.djvu/551

FIFTY-FIRST CONGRESS. Sess. I. Ch. 1040. 1890. 497 acre, at_any time within two years from the assage of this act, and on making said payment to receive patents therefor, and where any rnenmo issue. such person in actual possession of any such lands and having im- P¤¤‘¤¤¤S¢¤» etc-·_ i¤ proved the same prior to the iirst day of January, eighteen hundred m`°”’h&ving m` and ninety, under deed, written contract, or license as aforesaid, or hIS assignor, has made partial or full payments to said railroad company prior to said date, on account of the purchase price of said an_ s rom it, on proof of the amount of such payments he shall be Proof of wrments entitled to have the same, to the extent and amount of one dollar and twenty-tive cents per acre, if so much has been paid, and not more, credited to him on account of and as part of the purchase price creaitenaeceunt. herein provided to be paid the United States for said lands, or such persons may elect to abandon their purchases and make claim on Optional abandonsaid lands under the homestead law and as provided in the preceding '“°“°‘°°°’ section of this act; Provided, That in all cases where parties, per- names. sons, or corporations, with the permission of such State or corpora- oemnn pnnes in tion, or its assignees, are in the possession of and have made gégggiggmmgg {lg; ' improvements upon any of the lands hereby resumed and restored, prcvements. an are not entitled to enter the same under the provisions of this act, such parties, persons, or corporations shall have six months in which to remove any growing crop, and within which time they shall also be entitled to remove all buildings and other movable improvements from said lands: Provided further, That the provisions Certain isms an of this section shall not apply to any lands situate in the State of I°""‘ °‘°'"P*°"· Iowa on which any person in glood faith has made or asserted the right to make a pre-emption or omestead settlement: And provided mints or certain {urther, That nothing in this act contained shall be construed as P;§°,,,f°"* °°°·· “°‘ imiting the rights granted to purchasers or settlers by "An act to provide for the adjustment of and grants made by Congress to aid IH the construction of railroads and for the forfeiture of unearned lands, and for other purposes," approved March third, eighteen hun- v01.z4,pp.¤5e.ase, dred and eighty-seven, or as repealing, altering or amending said act, nor as in any manner aifecting any cause o action existing in . favor of any pnrchaser against his grantor for breach of any covenants of title. _ Sec. 4. That section five of an act entitled "An act for a grant of With<;rniwn1s_witpm lands to the State of Iowa in alternate sections to aid in the con- iliiitiriliviii sdxduliliiilnudl struction of a railroad in said State," approved May seventeenth, Segal I3_ P ,4 M_ eighteen hundred and sixty-four, and section seven of an act enti- penned.i ’ tied "An act extending the time for the completion of certain land- p,_K{§;,_‘3· P- "*’· ’* grant railroads in the States of Minnesota and Iowa, and for other purposes,” approved March third, eighteen hundred and sixty-five, and also section five of an act entitled "An act making an additional pay}, It P- 8*% re grant of lands to the State of Minnesota in alternate sections to aid ' in the construction of railroads in said State," approved July fourth, eighteen hundred and sixty-six, so far as said sections are applicable to lands embraced within the indemnity limits of said grants, be, and the same are hereby, repealed; and so much of the provisions Reservation or cerof section four of an act a proved June second, eighteen hundred '““'“"°“*I°"“· and sixty-four, and entitled) "An act to amend an act entitled ‘An act malzng a grant of lands to the State of Iowa in alternate sections ve1.ia,p.es,¤epene4. to aid 1 the construction of certain railroads in said State,"’ approved May fifteenth, eighteen hundred and fifty-six, be, and the V0l.10,p.9. same are hereby, repealed so far as they rgguire the Secretary of the Interior to reserve any lands but the d sections within the primar or six miles granted limits of the roads mentioned in said act of I une second, eighteen hundred and sixty-four, or the act of which the same is amendatory. Sno, 5. That if it shall be found that any lands heretofore granted Rglgrtbdcrp dgnpggg to the Northern Pacific Railroad Company and so resumed by the or ••1=(i:rnsoiii·s’1me.·· United States and restored to the public domain lie north of the line srnr L-—voL XXVI—-r3?