Chapter 414.
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CHAP. 414.— An act to forfeit lands granted to the State of Michigan to aid in the construction of a railroad from Marquette to Ontonagon, in said State.March 2, 1889. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Forfeiture of unearned lands granted to railroads in Michigan. That there is hereby forfeited to the United States, and the United States hereby resumes the title thereto all lands heretofore granted to the State of Michigan Vol. 11, p. 21.by virtue of an act entitled “An act making a grant of alternate sections of the public lands to the State of Michigan, to aid in the construction of certain railroads in said State and for other purposes,” which took effect June third, eighteen hundred and fifty-six, which are opposite to and coterminous with the uncompleted portion of any Restored to public domain.railroad, to aid in the construction of which said lands were granted or applied, and all such lands are hereby declared to be a part of the *Provisos*.public domain: *Provided*, That this act shall not beRights of way, etc. construed as forfeiting the right of way or depot grounds of any railroad company heretofore granted: *And provided further*, That nothing in this act containedSettlers’ rights not limited. shall be construed as limiting the rights granted to purchasers or settlers by “An act to provide for the adjustment of land grants made by Congress to aid in the construction of railroads and for the forfeiture of unearned lands, and for other purposes,” Vol. 24, p. 556.approved March third, eighteen hundred and eighty-seven, or as repealing, altering, or amending said act. nor as in any manner affecting any cause of action existing in favor of any purchaser against his grantor for breach of any covenants of title.
Sec. 2. That nothing in this act shall be construed as forfeitingLands earned by construction not forfeited. any lands that have been heretofore earned by the location and construction of any portion of any railroad hereinbefore mentioned under any act of Congress making a grant of public lands in the *Provisos*. Location.State of Michigan, *Provided:* That such lands lie opposite such constructed road, or if indemnity lands are provided in such grants the same shall be selected from the public lands within such indemnity limits lying nearest to such constructed road: *And provided further*, Rights of legal or equitable relief not impaired.That this act shall not be construed to prejudice any right of the Portage Lake Canal Company, or the Ontonagon and Brule River Railroad Company, or any person claiming under them, to apply hereafter to the courts or to Congress for any legal or equitable relief to which they may now be entitled, nor to prejudice any right of forfeiture, as hereby declared, or recovery of the United States in respect of any of the lands claimed by said companies, nor to the prejudice of the right of any person claiming adversely to said companies or their assigns, under the laws of the United States.
Sec. 3. That in all cases when any of the lands forfeited by theConfirmation of certain lands disposed of. first section of this act, or when any lands relinquished to, or for any cause resumed by, the United States from grants for railroad purposes, heretofore made to the State of Michigan, have heretofore been disposed of by the proper officers of the United States or under State selections in Michigan confirmed by the Secretary of the Interior, under color of the public-land laws, where the consideration received therefor is still retained by the Government, the right and title of all persons holding or claiming under such *Proviso*.disposals shall be, and is hereby, confirmed: *Provided, however*, 1009 That where the original cash purchasers are the present owners thisCash purchasers. act shall be operative to confirm the title only of such said cash purchasers as the Secretary of the Interior shall be satisfied have purchased without fraud and in the belief that they were thereby obtaining valid title from the United States.
That nothing herein contained shall be construed to confirm any sales or entries of lands, or any tract in any such State selection, upon which there were bona fide preemption or homestead claims on the first daypreemption and homestead claims. of May. eighteen hundred and eighty-eight, arising or asserted by actual occupation of the land under color of the laws of the United States, and all such preemption and homestead claims are hereby confirmed. Sec. 4. That no lands declared forfeited to the United States byDisposition of for. felted lands. this act shall inure to the benefit of any State or corporation to which lands may have been granted by Congress except as herein otherwise provided; nor shall this act be construed to enlarge the area of land originally covered by any such grant, or to waive or release in any way any right of the United States now existing to have any other lands granted by them, as recited in the first section, forfeited for any failure, past or future, to comply with the conditions of the grant.
Nor shall the moiety of the lands granted to any railroad company on account of a main and a branch line appertaining to uncompleted road, and hereby forfeited, within the conflicting limits of the grants for such main and branch lines, when but one of such lines has been completed, inure, by virtue of the forfeiture hereby declared, to the benefit of the completed line. Sec. 5. That all persons who may have settled upon and are nowPresent settlers allowed to make entry for time of residence. in possession of any of the lands hereby forfeited, and who may desire to enter the same under the homestead law. shall be allowed, when making final proof, for the time they have already resided upon and cultivated the same.
Approved, March 2, 1889.