Chapter 326.
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/statutes-at-large/vol-25/chapter-326-3143373·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 326.— An act for the relief of certain settlers in Hettinger County, Dakota.March 1, 1889. Whereas certain settlers in townships one hundred and thirty-fivePreamble. north and one hundred and thirty-six north, range ninety-seven west, and one hundred and thirty-four north, range ninety-six west, fifth principal meridian, Hettinger County, Dakota, find that by reason of a mistake in the preliminary survey their homestead claims are on lands of the Northern Pacific Railroad rather than on Government sections:
Therefore. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Hettinger County, Dakota. Relief to homesteaders entering lands of railroad company. That the Secretary of the Interior is hereby authorized and empowered to give relief to such homesteaders or others as have been adversely affected by the Government survey, by an exchange of lands with the Northern Pacific Railroad, section for section, or fraction thereof, as the in erests of the parties may appear, so as to admit of the company taking other lands within the indemnity limits, in lieu of the tracts covered by actual settlements made prior to Government survey: *Provided*, That the said railroad company will become a party to said exchange.
Sec. 2. That the homestead residence of five years required forResidence. holding said lands shall date from the first occupation of said claims. Sec. 3. That nothing contained in this act shall be taken or construedRight to forfeit unearned lands retained as waiving, releasing or in any wise affecting any right of the United States to forfeit any lands granted to the Northern Pacific Railroad Company by act of Congress to aid in the construction of. its line of railroad, by reason of the breach of the conditions of any such grant; and any rights to any lands acquired by the Northern Pacific Railroad Company under the provisions of this act shall be taken and held subject to whatever conditions and right of forfeiture now attach to the lands which the Northern Pacific Railroad Company may give in exchange under the provisions of this act.
Approved, March 1, 1889.