final decree of con eral Land Office. SEC. 10. That whenever any decision of confirmation Certification of shall become final, the clerk of the court in which the final firmation to (omdecision shall be had shall certify that fact to the Com- missioner of Genmissioner of the General Land Office, with a copy of the decree of confirmation, which shall plainly state the location, boundaries, and area of the tract confirmed. The said Commissioner shall thereupon without delay cause the tract so confirmed to be surveyed at the cost of the United States. * * * to confirmee. One-half of survey expense to be When any survey is finally approved by the court, it Issue of paten shall be returned to the Commissioner of the General Land Office, who shall as soon as half of the necessary expenses of making the survey and plat provided for in paid by claimant. this section, and in respect of which a patent shall be ordered to be issued, shall be paid by the claimant or patentee, and shall be a lien on said land, which may be enforced by the sale of so much thereof as may be necessary for that purpose, after a default of payment thereof for six months next after the approval of such survey and plat; and no patent shall issue until such payment. Enforcement of lien on land. SEC. 13. That all the foregoing proceedings and rights Provisions. shall be conducted and decided subject to the following provisions as well as to the other provisions of this act, namely: * * * * * Mines or min eral lands not confirmed. Exceptions. Third. No allowance or confirmation of any claim shall confer any right or title to any gold, silver, or quicksilver mines or minerals of the same, unless the grant claimed effected the donation or sale of such mines or minerals to the grantee, or unless such grantee has become otherwise entitled thereto in law or in equity; but all such mines and minerals shall remain the property of the United States, with the right of working the same, which fact shall be stated in all patents issued under this act. But no such mine shall be worked on any property confirmed under this act without the consent of the owner mines. of such property until specially authorized thereto by an act of Congress hereafter passed. Approved, March 3, 1891 (26 Stat., 854). Extract from the sundry civil appropriation act, approved April 28, 1904 (33 Stat., 485). Consent of owner to work General lands That all the powers now exercised by the Court of Pri-Commissioner vate Land Claims in the approval of surveys executed Land Office to apunder its decrees of confirmation shall be conferred upon private prove surveys of and exercised by the Commissioner of the General Land claims. Office from and after the thirtieth day of June, nineteen hundred and four. RAILROAD GRANTS, SELECTIONS, RIGHTS OF WAY, AND FORFEITURES. Page. 163,296 See "Lieu Selections;" also "Rights of Way". Act of July 2, 1864 (13 Stat., 356)-Limits of grant extended- Atlantic & Pacific and Southern Pacific Railroads.-Act of Act of March 3, 1871 (16 Stat., 579)—Similar rights granted the Act of March 3, 1897 (29 Stat., 622)—Right of purchasers under Act of June 27, 1902 (32 Stat., 405)-Authorized to sell or lease.. 217 220 221 224 225 226 229 230 230 231 231 231 Act of June 25, 1868 (15 Stat., 80)-Time for completion ex- 235 Act of April 10, 1869 (16 Stat., 47)-Railroad allowed one year 235 236 Act of February 27, 1899 (30 Stat., 892)-Survey of land grants. Act of January 13, 1881 (21 Stat., 315)-Settlers not qualified to Act of May 6, 1886 (24 Stat., 22)-Patents to issue to settlers........... 236 237 238 239 239 240 240 243 Forfeiture of unearned grants.-Act of September 29, 1890 (26 Page. Act of February 18, 1891 (26 Stat., 764)-Extension of time for Act of March 2, 1889 (25 Stat., 854)-Price of forfeited railroad 243 246 246 246 247 248 Numerous grants of public lands have been made by Congress for the purpose of aiding in the construction of railroads. The most of these grants have been adjusted and closed, or practically so. The principal acts, or parts thereof, donating lands for this purpose, which are of any special importance at the present time, are given on the following pages in connection with other laws relating to the subject. UNION PACIFIC AND CENTRAL PACIFIC RAIL- An Act To aid in the construction of a railroad and telegraph line from the Missouri River to the Pacific Ocean, and to secure to the Government the use of the same for postal, military and other purposes. ration. Be it enacted by the Senate and House of Representatives Pacific railroad. of the United States of America in Congress assembled, That [certain persons mentioned] are hereby created and erected into a body corporate and politic in deed and in law, by the name, style, and title of "The Union Pacific Name of corpoRailroad Company;" and by that name shall have perpetual succession, and shall be able to sue and to be sued, plead and be impleaded, defend and be defended, in all courts of law and equity within the United States, and may make and have a common seal; and the said corpo- Common seal. ration is hereby authorized and empowered to lay out, locate, construct, furnish, maintain, and enjoy a continuous railroad and telegraph, with the appurtenances, telegraph. from a point on the one hundredth meridian of longitude west from Greenwich, between the south margin of the valley of the Republican River and the north margin of the valley of the Platte River, in the Territory of Nebraska, to the western boundary of Nevada Territory, upon the route and terms hereinafter provided, and is hereby vested with all the powers, privileges, and immunities necessary to carry into effect the purposes of this act as herein set forth. Railroad and SEC. 2. And be it further enacted, That the right of way Right of way. through the public lands be, and the same is hereby, granted to said company for the construction of said railroad and telegraph line; and the right, power, and authority is hereby given to said company to take from the |