, 1891-03-07

aforesaid, and substantially in accordance
with the plans herein provided for, and
that he or she is a citizen of the United
States, and upon payment to the receiver
OF the additional sum of 81 per acre for
said land, a patent shall issue therefor to
the applicant or his assigns. But no
person or association of persons shall hold
by assignment or otherwise, prior to the
issue of patent more than 800 acres of
such arid or desert lands, but this section
shall not apply to entries made or initiated
prior to the approval of this act: Pro-
vided, however, That additional proofs
may be required at any time within the
period prescribed by law, and that the
claims or entries made under this or any
preceding act shall be subject to contest,
as provided by the law relating to home
stead cases, for illegal Inception, abandon
ment or failure to comply with the require
ments Of law, and upon satisfactory proof
thereof shall be cancelled and the lands,
and moneys paid therefor, shall be for
feited to the United States.
Sec. 6. That section 23OI of the lie
vised Statutes be amended so rs to read
as follows:
Sec. 1901. Nothing 10 this chapter
shall be so construed as to prevent any
person who shall hereafter avail himself
of the benefits of section 2269 from pay
ing ;he minimum price Tor the quantity
of land SO entered at any titne after the
expiration of fourteen calendar months
from the date of such entry. and obtain
ing a patent therefor, upon making proof
Of settlement and ofresidence and %cultiya-
ton for such period of fourteen months,
and the provision of this section shall APP
ply to lands on the ceded portion of the
Sioux reservation, by &C: approved March
2, 1889, il South Dakota. but shall not
relieve said settlers from any payments
now required by law.
Sec. 7. That whenever it shall ap-
pear TO the commissioner of the general
land office that a clerical error has been
committed in the entry Of any OF the pub
lie lands. such entry NAV be suspended,
upon proper notification to the claimant,
through the local land office. until the
error has been corrected: and all errors
made under the presumption, homestead,
desert land, or timber culture laws, in
which hual proof and payment may have
been made and certificates issued, and to
which there are no adverse claims origina-
ting prior to final entry. and which have
been sold or encountered prior to the first
day Of March. 1883, and after final entry,
to bona fde purchasers or incumbrancers,
Tor a valuable consideration, shall, unless
uuon an Investigation by a government
agent fraud on the part of the purchaser
has been found. be confirmed and patented
upon presentation of satisfactory proof to
the land department of such sale or IN
cumbrauce: Provided, That after the
lapse of two years from the date of the is
suance Of the receivers receipt upon the
final entry of any tract of land under the
homestead, timber culture. desert land or
presumption laws, or under this act, and
when there shall be no pending contest or
protest against the validity of such entry,
the entrymau shall be entitled to a patent
conveying the land by him entered, and
the same shall be issued TO hun; but this
proviso shall not be construed to require
the delay of Two years from the date OF
said entry before the issuing of a patent
therefor.
See S. That suits by the United
States to vacate and annul any patent
heretofore issued shall only be brought
within five years from the passage of this
act, and suits to vacate and annul patents
hereafter issued shall only be brought
within SIX years after the date of the lssu-
ance of such patents. And iu the states
of Colorado, Montana, Idaho, North Da-
kota, South Dakota, Wyoming, and in
the district of Alaska and the gold and
silver regton5 Of Nevada and the territory
of Utah, in any criminal prosecution or
civil action by the United States for tres.
pass on such public timber lands or to re-
cover timber or lumber cut thereon, it
shall be a defense il the defendant shall
show that the said timber was so cut or
removed from the timber lands for use in
such state or territory by a resident there
OF for agricultural. mining. manufactur
ing or domestic purposes, aud has not
been transported out of the same; hut
nothing herein contained shall apply to
operate to enlarge the rights of any rail-
way company to cut timber on the public
domain: Provided. That the secretary of
the interior may make suitable rules and
regulations to carry out the provisions of
this section.
"Sec. 9. That hereafter no public
lands OF the United States, except aban-
doned military or other reservations, iso-
lated and disconnected fractional tracts
authorized to be sold by section PASS of
the Revised Statutes, and mineral and
other lands the sale of which at public
auction has been authorized by acts Of
congress of a 'pecial nature having local
application, shall be sold at public sale.
Sec. 10. That nothing in this act
shall change, repeal or modify any agree.
ments or treaties made with any Indian
tribes for the disposal of their lands, or of
land ceded to the United States to be dis
posed of for the benefit of such tribes, and
the proceeds thereof to be placed in the