The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1886-07-09
Revision Of the Land Laws,

Through the courtesy of Delegate
gate Clifford we are in possession of
house bill No. 1887 as amended by the
senate. This is the bill repeating GER
tain OF the existing land laws and as it
is now before the house committee on
public lands it may be reached this
session. The following are the princi-
pal provisions of the bill:
That an act to provide for the sale
OF desert lands in certain states and
territories, approved March third.
eighteen hundred and seventy-seve
is hereby amended by adding thereto
the following sections:
Sec. 4. That at the time of decla-
ration hereinbefore required, the party
shall also file map of said land, which
shall exhibit a plan showing the mode
OF contemplated irrigation, and which
plan shall be sufficient to thoroughly
irrigate and reclaim said land and pre-
pare it to raise ordinary agricultural
crops and shall also show the source of
the water to be used for irrigation and
reclamation. Persons entering or propos-
ing to enter separate sections, or frac-
tional parts of sections, of desert lands,
may associate together in the construc-
tion of canals and bitches for irrigat-
ing and reclalming all of said tracts,
and may file q joint map or maps
showing their plan OF internal im-
provements.
Sec. 5. That no land shall be
patented to any person under this act
unless he or his assigns shall have ex-
pended in the necessary irrigation,
reclamation, and cultivation thereof. by
means Of main canals and branch
bitches, and in permanent improve
ments upon the land, at least three
dollars per acre of the whole tract
reclaimed and patented.
That at any time after fill
| ing the declaration, and within the
period of four years thereafter, upon
making satisfactory proof to the reg
lister and the receiver of the reclama-
tion and cultivation of said land to the
extent and cost and in the manner
aforesaid, and substantially in accor-
dance with the plans herein provided
for, and that he or she is a citizen of
the United States, and upon payment
to the receiver the additional sum of
one dollar per acre for said land, a
| patent shall issue therefor to the appli.
cant or his assigns.
Sec. 8. That in all cases under the
pre-emptiOn and homestead laws, and
under this act, all contests or protests
on the part of the government, or any
individual, concerning the land entered
shall be instituted within nine months
after final entry and issue of the dupli
cate receivers receipt, and not after.
wards: Provided, That whenever il
shall appear upon the face OF the pa
pers returned to the commissioners
office that a clerical error has beer
committed, such entry may be sus
pended, upon proper notification to tht
claimant, through the local land Office
until such error has been corrected
Provided further, That after fna
proof of the claimant and the issuing
of the duplicate receivers receipt, it i
shall be proved to the satisfaction o
the commissioner that fraud has enter
ed into the title so acquired by tn
claimant, unless it shall appear tha
the land has been sold or conveyed to
bona fide purchaser for a valuable con
sideration, the commissioner shal
suspend the issuing OF the patent fo
the same, and file with tn
United States Attorney Genera
notice of such suspension of the paten1
with his reasons therefor; and it sha
be the duty of the Attorney-G General t
commence proceedings at once in th
proper court to set aside such title,
in his judgment such proceedings ca
be maintained. This section shall appl
to all cases of suspended entries here
Itofore made under the United State
pre-emptiOn and homestead acts: Pr
vided, That after the lapse OF tW
years from the date of the issuance
1.-THE receivers receipt upon the final el
| try OF any tract of land under tt
! homestead or pre-emption laws or III
der this act, and when there shall be 4
pending contest or protest against tt
validity of such entry, the entryma
Ishall be entitled to patent conveyir
the land by him entered, and the san
lshall be issued to him; but this provi'
Ishall not be construed to require Il
Idelay of two years from the date
Csaid entry before the issuing OF pate
: Therefor.
u Sec. 9. That suits by the Unit
Estates to vacate and annul any pate
heretofore issued shall only be broug
within seven years from the passage
this act, and suits to vacate and ann
It patents hereafter issued shall only
brought within five years after the da
of the issuance of such patents.
That an act entitled ''An act to pl
vide additional regulations for hon
stead and pre-emption entries on pub
lands" approved March third, eighte
hundred and seventy-nine, and secti
two of an act entitled "An act relati
to the public lands of the Unit
4 States" approved June fifteen
eighteen hundred and eighty, are he
by repealed.
Sec. 12. That nothing in this {
shall change, repeal, or modify a
agreements or treaties made with : a
Indian tribes for the disposal of tn
lands, or of land ceded to the Unit
> States to be disposed of for the BEN
of such tribes, and the proceeds ther
to be placed in the. treasury Of
United States; and the disposition
such lands shall continue in accordal
with provisions of such treaties
'r- agreements.
Possibly q Blessing.
= Rapid City journal: The Da,
! bill never offered solution of
reservation question altogether sa
factory to those most deeply interes