corporation shall, after patent, dedicate and convey all of the said reservations for such public uses.

purchase price

prepared for

dock, etc., on

Interior.

SEC. 7. [As amended by the Act of Feb. 9, 1925, 43 Payment of Stat. 817.] That the corporation named in section 1 of by corporation. this Act, or its assigns, shall, within six months from the approval of the plan mentioned in the preceding section, pay to the proper receiver the full purchase price of the lands applied for; and within five years after the issuance Lands to be of patent said corporation shall do all things necessary wharf and townto render three hundred and twenty acres of the land site. purchased suitable and available for wharfage and townsite purposes in accordance with the plan thereof submitted as required in section 6 of this Act, and shall Construction of within one year from the receipt of written notice from notice from the Secretary of the Interior construct within said wharf- Secretary of age and dock area a public dock, wharf, or pier, with suitable approaches on the land side and with not less than thirty-four feet of water at mean low tide leading to and surrounding the same, so as to enable ocean steamers to approach, dock, discharge, and take on cargoes thereat; that patent for said lands shall recite that they are issued patent. under the provisions of this Act and are subject to cancellation and the land therein granted to forfeiture as here- Forfeiture if in provided; and if said corporation or its assigns shall terms not comfail to comply with any of the terms and conditions of this Act, either before or after the issuance of patent, all interests, rights, or title which may have accrued or vested under this Act shall be forfeited to the United States, and the application under which they accrued, or the patent under which they vested, shall be canceled: Pro- Proviso. vided, That the Secretary of the Interior may, on satis- Time extension factory showing, reasonably extend the time within which allowed. any of the Acts enumerated in this Act may be performed.

Approved, February 6, 1909 (35 Stat. 598).

An Act To authorize the issuance of deeds to certain Indians or
Eskimos for tracts set apart to them in surveys of town sites in
Alaska, and to provide for the survey and subdivision of such
tracts and of Indian or Eskimo towns or villages

Condition of

plied with.

Alaska.
Issue of deed to

for tract in town

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That where, upon the survey of a town site pursuant Indian or Esto section 11 of the Act of March 3, 1891 (Twenty-sixth quimo native Statutes, page 1095), and the regulations of the Depart- site occupied by ment of the Interior under said Act, a tract claimed and him. occupied by an Indian or Eskimo of full or mixed blood, Vol. 26, p. 1099. native of Alaska, has been or may be set apart to such Indian or Eskimo, the town site trustee is authorized to issue to him a deed therefor which shall provide that the title conveyed is inalienable except upon approval of the Provisos. Secretary of the Interior: Provided, That nothing herein Free from contained shall subject such tract to taxation, to levy and taxation, etc. sale in satisfaction of the debts, contracts. or liabilities of

Unrestricted

the patentee, or to any claims of adverse occupancy or law of prescription: Provided further, That the approval by the Secretary of the Interior of the sale by an Indian title to purchaser or Eskimo of a tract deeded to him under this Act shall vest in the purchaser a complete and unrestricted title from the date of such approval. (U. S. C., 3d supp., title 48, sec. 355a.)

from.

Streets and alleys may be extended to tract.

Survey, etc., of

nonmineral

lands occupied by natives as

Patents to occupants.

SEC. 2. That whenever the Secretary of the Interior shall determine that it would be to the interest of the Indian or Eskimo occupant of land described in the preceding paragraph, he is authorized to extend the established streets and alleys of the town site upon and across the tract, and the deed issued to such occupant under this Act shall reserve to the town site the area covered by such streets and alleys as extended. (U. S. C., 3d supp., title 48, sec. 355b.)

SEC. 3. That whenever he shall find nonmineral public lands in Alaska to be claimed and occupied by Indians town or village. or Eskimos of full or mixed blood, natives of Alaska, as a town or village, the Secretary of the Interior is authorized to have such lands surveyed into lots, blocks, streets, and alleys, and to issue a patent therefor to a trustee who shall convey to the individual Indian or Eskimo the land so claimed and occupied, exclusive of that embraced in streets or alleys: Provided, That any patent or deed to be issued under this section shall be subject to all the provisions, limitations, and restrictions of section 1 of this Act with respect to Indian and Eskimo claims to land Vol. 26, p. 1099. Occupied by them within the limits of town sites established or to be established under said Act of March 3, 1891. (U. S. C., 3d supp., title 48, sec. 355c.)

Proviso.
Limitations.

Regulations to be prescribed.

SEC. 4. That the Secretary of the Interior is authorized to prescribe appropriate regulations for the administration of this Act. (U. S. C., 3d supp., title 48, sec. 355d.) Approved, May 25, 1926 (44 Stat. 629).

TRADE AND MANUFACTURING SITES

An Act Extending the homestead laws and providing for right of way for railroads in the district of Alaska, and for other purposes

Purchase of land embracing his

occupant for

purposes of trade.

SEC. 10. That any citizen of the United States twentyimprovements by one years of age, or any association of such citizens, or any corporation incorporated under the laws of the United States or of any State or Territory now authorized by law to hold lands in the Territories, hereafter in the possession of and occupying public lands in the district of Alaska in good faith for the purposes of trade, manufacture, or other productive industry, may each purchase one claim only not exceeding eighty acres of such land for any one person, association, or corporation, at two dollars and fifty cents per acre, upon submission

igable water

trade, etc., may

exceeding five

excepted.

Alternate

spaces reserved.

of proof that said area embraces improvements of the claimant and is needed in the prosecution of such trade, manufacture, or other productive industry, such tract of land not to include mineral or coal lands, and ingress and egress shall be reserved to the public on the waters of all Entries on navstreams, whether navigable or otherwise (U. S. C., title limited. 48, sec. 461): Provided, That any citizen of the United Citizen emStates twenty-one years of age employed by citizens of ployees, or in the United States, associations of such citizens, or by cor- purchase not porations organized under the laws of the United States, acres. or of any State or Territory, whose employer is engaged in trade, manufacture, or other productive industry, and any citizen of the United States twenty-one years of age who is himself engaged in trade, manufacture, or other productive industry may purchase one claim, not exceeding five acres, of unreserved public lands, such tract of land not to include mineral, coal, oil or gas lands, in Mineral lands Alaska as a homestead or headquarters, under rules and regulations to be prescribed by the Secretary of the Interior, upon payment of $2.50 per acre. (U. S. C., 3d Payment. supp. title 48, sec. 461.) [The preceding proviso added by the act of Mar. 3, 1927, 44 Stat. 1364.] Provided, That no entry shall be allowed under this Act on lands abutting on navigable water of more than eighty rods: 18 Provided further, That there shall be reserved by the United States a space of eighty rods in width between tracts sold or entered under the provisions of this Act on lands abutting on any navigable stream, inlet, gulf, bay, or seashore, and that the Secretary of the Interior Use of land for may grant the use of such reserved lands abutting on the wharves. water front to any citizen or association of citizens, or to any corporation incorporated under the laws of the United States or under the laws of any State or Territory, for landings, and wharves, with the provision that the public shall have access to and proper use of such Roadway wharves, and landings, at reasonable rates of toll to be reserved. prescribed by said Secretary, and a roadway sixty feet Adverse claims, in width, parallel to the shore line as near as may be practicable, shall be reserved for the use of the public as a highway (U. S. C., title 48, sec. 462): Provided further, That in case more than one person, association, or corporation, shall claim the same tract of land, the person, association, or corporation having the prior claim, by reason of actual possession and continued occupation in good faith, shall be entitled to purchase the same, but where several persons are or may be so possessed of parts of the tract applied for the same shall be awarded to them according to their respective interests (U. S. C., title 48, Landing places sec. 463): And provided further, That the for natives. Secretary of the Interior shall reserve for the use of the natives of Alaska suitable tracts of land along the water

** * *

18 See the act of June 5, 1920 (41 Stat. 1059), under subtitle "Homesteads," p. 28.

Certain lands reserved.

Admissibility of testimony.

Procedure on application for patent.

Adverse claimants.

front of any stream, inlet, bay, or seashore for landing places for canoes and other craft used by such natives (U. S. C., title 48, sec. 464): Provided, That the Annette, Pribilof Íslands, and the islands leased or occupied for the propagation of foxes be excepted from the operation of this Act. (U. S. C., title 48, sec. 465.)

That all affidavits, testimony, proofs, and other papers provided for by this Act and by said Act of March third, eighteen hundred and ninety-one, or by any departmental or Executive regulation thereunder, by depositions or otherwise, under commission from the register and receiver of the land office, which may have been or may hereafter be taken and sworn to anywhere in the United States, before any court, judge, or other officer authorized by law to administer an oath, shall be admitted in evidence as if taken before the register and receiver of the proper local land office. And thereafter such proof, together with a certified copy of the field notes and plat of the survey of the claim, shall be filed in the office of the surveyor-general of the district of Alaska, and if such survey and plat shall be approved by him, certified copies thereof, together with the claimant's application to purchase, shall be filed in the United States land office in the land district in which the claim is situated, whereupon, at the expense of the claimant, the register of such land office shall cause notice of such application to be published for at least sixty days in a newspaper of general circulation published nearest the claim within the district of Alaska, and the applicant shall at the time of filing such field notes, plat, and application to purchase in the land office, as aforesaid, cause a copy of such plat, together with the application to purchase, to be posted upon the claim, and such plat and application shall be kept posted in a conspicuous place on such claim continuously for at least sixty days, and during such period of posting and publication or within thirty days thereafter any person, corporation, or association, having or asserting any adverse interest in, or claim to, the tract of land or any part thereof sought to be purchased, may file in the land office where such application is pending, under oath, an adverse claim setting forth the nature and extent thereof, and such adverse claimant shall, within sixty days after the filing of such adverse claim, begin action to quiet title in a court of competent jurisdiction within the District of Alaska, and thereafter no patent shall issue for such claim until the final adjudication of the rights of the parties, and such patent shall then be issued in conformity with the final decree of the court.19 (U. S. C., title 48, sec. 359.)

Approved, May 14, 1898 (30 Stat. 409, 413).

10 This section supersedes secs. 12 and 13 of the act of Mar. 3, 1891 (26 Stat. 1095, 1100).

BOARD OF EQUITABLE ADJUDICATION

of public lands"

preemption land

SEC. 2450,1 R. S. The Commissioner of the General Cases of "susLand Office is authorized to decide upon principles of pended entries equity and justice, as recognized in courts of equity, and and " suspended in accordance with regulations to be settled by the Secre- claims. tary of the Interior, the Attorney-General, and the Com- Aug. 3, 1846, missioner, conjointly, consistently with such principles, 9 s. 51; Mar. 3, all cases of suspended entries of public lands and of sus- June 26, 1856, pended preemption land claims, and to adjudge in what 11 S. 22: June 1, cases patents shall issue upon the same. (U. S. C., title Feb. 27, 1877, 43, sec. 1161.)

1

1853, 10 S. 258;

1874, 18 S. 50;

19 S. 244.

SEC. 2451, R. S. Every such adjudication shall be Adjudications approved by the Secretary of the Treasury and the At- under above; torney-General, acting as a board; and shall operate Aug. 3, 1846, only to divest the United States of the title of the lands 27, 1877, 19 S. embraced thereby, without prejudice to the rights of 244. conflicting claimants. (U. S. C., title 43, sec. 1162.)

9 S. 51; Feb.

ones issued in

SEC. 2456,1 R. S. Where patents have been already is- Patents surrensued on entries which are confirmed by the officers who dered and new are constituted the board of adjudication, the Commis- certain cases. sioner of the General Land Office, upon the canceling of Mar. 3, 1853, the outstanding patent, is authorized to issue a new pat- 10 s. 258. ent, on such confirmation, to the person who made the entry, his heirs or assigns. (U. S. C., title 43, sec. 1163.)

11 S. 22.

SEC. 2457, R. S. The preceding provisions, from sec- Extent of foretion twenty-four hundred and fifty to section twenty-four going provisions. hundred and fifty-six, inclusive, shall be applicable to June 26, 1856, all cases of suspended entries and locations which have arisen in the General Land Office since the twenty-sixth day of June, eighteen hundred and fifty-six, as well as to all cases of a similar kind which may hereafter occur, embracing as well locations under bounty-land warrants as ordinary entries or sales, including homestead entries and preemption locations or cases; where the law has been substantially complied with, and the error or informality arose from ignorance, accident, or mistake which is satisfactorily explained; and where the rights of no other claimant or pre-emptor are prejudiced, or where there is no adverse claim. (U. S. C., title 43, sec. 1164.)

1 Secs. 2450, 2451, and 2456, R. S., amended by the act of Sept. 20, 1922 (42 Stat. 857), infra.

69