, 1889-02-28

at which other similar lands are legally
held by the government The purchaser
from the company are not debarred by the
act from recovering from such company
THE AMOUNT Or PURCHASE MONEY
paid by him. less the amount paid by the
company to the United States for the land.
A mortgage or pledge Of such lands is not
q sale within the intention Of the act. No
forfeiture is declared by this act against
any land grant for conditions broken land
no entry Is authorized for lands legally
within such grant), hut no rights of the
United States on account of breach of con.
ditions are waived by the act. An appli.
cant for land under this section will be
required to publish notice of intention
to make proof as in pre.emption and
homestead cases, and the proof must show:
First, that be Is or has declared bis in.
t'Dtion to become citizen Of the United
States; second, that be 10 bona fide pur'
claiming title under it. and the character
of the instrument conveying the
land to him; third, the amount of
purchase money paid to the company;
fourth, what part, II any, OF the purchase
money paid to the company has been re-
funded 10 him or any person acting as his
agent; fifth, whether he has instauted
proceedings against the company for the
recovery ot any portion OF the purchase
money. IL so for what portion; sixth, the
value and character Of the improvements,
If any, made or acquired by him upon the
iuud; seventh, whether there is any per-
ton entitled to the right of entry under
the pre-em ption or homestead laws. Upon
the submission of satisfactory proof as
prescribed above. the register will issue
certificate, in duplicate numbered in the
regular cash series--with annotations
thereon, showing that the entry IS allowed
without payment under the fourth section
of act of Marcn 8, 1887. ga stat 556.)
The fifth section relates to lands within
the limits of railroad grants, co-terminous
with constructed portions Of lines of road,
not conveyed on account of. bnt excepted
from, the grants. Under this section,
wnen the company has sold to the citizens
of the United States. or persons who have
the number of sections prescribed
in the grant and co.terminous with the
portions of the road, within
either the granted or indemnity limits,
and which upon the adjustment Of the
grant, are shown to be exempted from the
operation of the grant, it shall be lawful
for sucn purchasers (if their purchases are
bona fde) to purchase said land from the
government by payment OF the government
price for the lands, unless said lands we're
at the date of purchase in the bona 6de oc-
cupancy of adverse claimants under the
PRE-. EMPTIoN OR HOMESTEAD LAWS,
in which case the pre.emptor or home
stead claimant may be permitted TO per-
feet his proof unless II has since voiun.
tarily abandoned the land. Under the
last proviso of said section, however, IL a
settlement was made ON said lands subse-
quent to December /, 1882. by persons
claiming the same under the settlement
laws of the United States, it would defeat
the right of the purchaser, whether said
purchase was made prior or subsequent to
December 1, 1882. and the settler will be
allowed to prove up for said land as in
other like cases. Applicants to purchase
under this section will be required to pub.
lish notice of intention, as directed
by instructions under the, third
and fourth sections, and the
proof must show; First, that the tract
was Of the numbered sections prescribed
by the grant; second, that it was co-ter-
minous with the constructed parts of said
road; third, that II was sold by the com.
pany to applicant, or one under whom he
claims, as u part of its grant; fourth, that
it was excepted from the operation of the
grant; fifth, that at the date of said sale it
was not in the bona fide occupancy of ad-
verse claimants under the pre- .emption or
homestead laws whose claims and occu-
pancy have not since been settled upon
subsequent to the lst day OF December. $50,
by any person or persons claiming the right
to enter the same under the settlement
laws; seventh, that the applicant is, or
has declared his intention to become
citizen of the United States; eighth, and
that he or one under whom he claims,
was bona fda purchaser of the land
from the company. The proof upon
these points being found satisfactory. the
entry will be allowed and the usual cash
certificate and receipts will be issued there.
on, recitinu the fact that the entry is in
accordance with the fifth section Of the
act of March 3. 1887, ga stat. $3.50. No
entry will be allowed under this section
until it shall have been finally deter
timed by this department that land was
excepted from the grant.
The sixth section provides that when
any such lands have been sold and con-
veyed as the property of the company for
state and county taxes, and a grant to the
company has been thereafter forfeited, the
purchaser at such sale shall have the
preference right for one year from the date
of this act and no longer, in which to pur-
chase said lands from the United States,
by paying the government price for said
lands; providing said lands were not
previous to or at the time of taking effect
Of such grant in the possession of or sub
ject to the right of an actual settler. The
period prescribed by the statute for pre-
sentiug applications under this section
having expired. instruction as to methods
of procedure are deemed unnecessary.
l. ...,AL L.