eighteen hundred and ninety-eight, to make certain grants of land to the Territory of New Mexico, and for other purposes, be amended to read as follows:

"SEC. 10. That the lands reserved for university purposes, including all saline lands, and sections sixteen and thirty-six, reserved for public schools, may be leased under such laws and regulations as may be hereafter prescribed by the legislative assembly of said Territory; but until the meeting of the next legislature of said Territory the governor, secretary of the Territory, and the solicitorgeneral shall constitute a board for the leasing of said lands, and all necessary expenses and costs incurred in the leasing, management, and protection of said lands and leases may be paid out of the proceeds derived from such leases. And it shall be unlawful to cut, remove, or appropriate in any way any timber growing upon the lands leased under the provisions of this Act, and not more than one section of land shall be leased to any one person, corporation, or association of persons, except when in the opinion of the Secretary of the Interior the leasing of a larger area is deemed advisable, and no lease shall be made for a longer period than five years, and all leases shall terminate on the admission of said Territory as a State; and all money received on account of such leases in excess of actual expenses necessarily incurred in connection with the execution thereof shall be placed to the credit of separate funds for the use of said institutions, and shall be paid out only as directed by the legislative assembly of said Territory and for the purposes indicated herein. The remainder of the lands granted by this Act, except those lands which may be leased only as above provided, may be sold under such laws and regulations as may be hereafter prescribed by the legislative assembly of said Territory; and all such necessary costs and expenses as may be incurred in the management, protection, and sale of said lands may be paid out of the proceeds derived from such sales; and not more than one-quarter section of land shall be sold to any one person, corporation, or association of persons, and no sale of said lands or any portion thereof shall be made for less than one dollar and twenty-five cents per acre; and all money received on account of such sales, after deducting the actual expenses necessarily incurred in connection with the execution thereof, shall be placed to the credit of separate funds created for the respective purposes named in this Act, and shall be used only as the legislative assembly of said Territory may direct, and only for the use of the institutions or purposes for which the respective grants of lands are made: Provided, That such legislative assembly may provide for leasing all or any part of the lands granted in this Act on the same terms and under the same limitations prescribed above as to the lands that may be leased only; but all leases made under the provisions of this Act shall be subject to the approval of the Secretary of the Interior, and all investments made or securities purchased with the proceeds of sales or leases of lands provided for by this Act shall be subject to like approval by the Secretary of the Interior." [34 Stat. L. 460.]

Section 10 of the Act of June 21, 1898, above amended, is given in 6 Fed. Stat. Annot. 484.

An Act To declare and enforce the forfeiture provided by section four of the Act of Congress approved March third, eighteen hundred and seventy-five, entitled “An Act granting to railroads the right of way through the public lands of the United States."

[Act of June 26, 1906, ch. 3550, 34 Stat. L. 482.]

[Railroad rights of way — forfeiture of grants not completed in five years.] That each and every grant of right of way and station grounds heretofore made to any railroad corporation under the Act of Congress approved March third, eighteen hundred and seventy-five, entitled "An Act granting to railroads the

right of way through the public lands of the United States," where such railroad has not been constructed and the period of five years next following the location of said road, or any section thereof, has now expired, shall be, and hereby is, declared forfeited to the United States, to the extent of any portion of such located line now remaining unconstructed, and the United States hereby resumes the full title to the lands covered thereby freed and discharged from such easement, and the forfeiture hereby declared shall, without need of further assurance or conveyance, inure to the benefit of any owner or owners of land heretofore conveyed by the United States subject to any such grant of right of way or station grounds: Provided, That in any case under this Act where construction of the railroad is progressing in good faith at the date of the approval of this Act the forfeiture declared in this Act shall not take effect as to such line of railroad. [34 Stat. L. 482.]

The Act of March 3, 1875, above referred to, is given in 6 Fed. Stat. Annot. 501.

This Act operates ipso facto, without judicial ascertainment of forfeiture by a proceeding in the nature of an inquest of office, to forfeit the right of a railroad company to any section of its road located under the Act of March 3, 1875, and not completed or progressing in good faith at the expiration of five years from the date of location. The Act itself takes the place of an adjudication of forfeiture and is itself the entry of the grantor for condition broken. And the efficacy of the Act to accomplish that result is in no way impaired by the fact that before it took effect a suit had been begun by the prior locator under the Act of 1875 to restrain another railroad company from occupying the premises in question and constructing a road thereon. Columbia Valley R. Co. v. Portland, etc., R. Co., (C. C. A. 1908) 162 Fed. 603; and see Columbia Valley R. Co. v. Portland, etc., R. Co., (Wash.) 93 Pac. 1068.

Construction progressing in good faith.

That the construction of a railroad is progressing in good faith, so as to save the location from forfeiture under the above Act, is not shown by an averment that at all times since its incorporation the locator railroad company "has been and now is actively engaged in prosecuting the said enterprise." This might be true and yet the locator have done no act of construction of a railroad. Nor is such forfeiture obviated by an averment in a second amended pleading that the locator "is now and has been for some time prior hereto " actually engaged in constructing its road on the premises, where in neither the original nor the first amended pleading was there any allegation of an act done in the direction of actual construction, and the above Act went into effect prior to the filing of the second amended pleading. The rule that amendments germane to the bill relate back has no application where the second amended bill is a new bill and not a mere amendment to the original bill. Columbia Valley R. Co. v. Portland, etc., R. Co., (C. C. A. 1908) 162 Fed. 603.

An Act To amend an Act entitled "An Act to amend section twenty-four hundred and fiftyfive of the Revised Statutes of the United States," approved February twenty-sixth, eighteen hundred and ninety-five.

[Act of June 27, 1906, ch. 3554, 34 Stat. L. 517.]

[Isolated tracts-sales at auction authorized R. S. sec. 2455 amended — vested rights.] That the Act of February twenty-sixth, eighteen hundred and ninety-five, entitled "An Act to amend section twenty-four hundred and fiftyfive of the Revised Statutes of the United States," be, and the same is hereby, amended so as to read as follows: "It shall be lawful for the Commissioner of the General Land Office to order into market and sell, at public auction at the land office of the district in which the land is situated, for not less than one dollar and twenty-five cents per acre, any isolated or disconnected tract or parcel of the public domain not exceeding one quarter section which, in his judgment, it would be proper to expose for sale after at least thirty days' notice by the land officers of the district in which such land may be situated: Provided, That this Act shall not defeat any vested right which has already attached under any pending entry or location." [34 Stat. L. 517.]

R. S. sec. 2455, as previously amended, is given in 6 Fed. Stat. Annot, 525.

An Act Providing for the subdivision of lands entered under the reclamation Act, and for other purposes.

[Act of June 27, 1906, ch. 3559, 34 Stat. L. 519.]

[SEC. 1.] [Reclamation act — areas for fruit and garden produce lands— subdivision- entry of lesser areas.] That whenever, in the opinion of the Secretary of the Interior, by reason of market conditions and the special fitness of the soil and climate for the growth of fruit and garden produce, a lesser area than forty acres may be sufficient for the support of a family on lands to be irrigated under the provisions of the Act of June seventeenth, nineteen hundred and two, known as the reclamation Act, he may fix a lesser area than forty acres as the minimum entry and may establish farm units of not less than ten nor more than one hundred and sixty acres. That wherever it may be necessary, for the purpose of accurate description, to further subdivide lands to be irrigated under the provisions of said reclamation Act, the Secretary of the Interior may cause subdivision surveys to be made by the officers of the reclamation service, which subdivisions shall be rectangular in form, except in cases where irregular subdivisions may be necessary in order to provide for practicable and economical irrigation. Such subdivision surveys shall be noted upon the tract books in the General Land Office, and they shall be paid for from the reclamation fund: Provided, That an entryman may elect to enter under said reclamation Act a lesser area than the minimum limit in any State or Territory. [34 Stat. L. 519.]

The Reclamation Act of June 17, 1902, is given in 7 Fed. Stat. Annot. 1098.

SEC. 2. [Additional entries for relinquished lands.] That wherever the Secretary of the Interior, in carrying out the provisions of the reclamation Act, shall acquire by relinquishment lands covered by a bona fide unperfected entry under the land laws of the United States, the entryman upon such tract may make another and additional entry, as though the entry thus relinquished had not been made. [34 Stat. L. 519.]

Protection of the possession of a settler who, prior to the date of the Reclamation Act (Act June 17, 1902, ch. 1093, 32 Stat. L. 388, 7 Fed. Stat. Annot. 1098), took possession of unsurveyed lands of the United States with

intent to file a homestead thereon whenever the lands should be surveyed or offered for settlement, is not given by this section. U. S. v. Hanson, (C. C. A.) 167 Fed. 887.

SEC. 3. [Town sites — disposal of, within irrigation projects.] That any town site heretofore set apart or established by proclamation of the President, under the provisions of sections twenty-three hundred and eighty and twentythree hundred and eighty-one of the Revised Statutes of the United States, within or in the vicinity of any reclamation project, may be appraised and disposed of in accordance with the provisions of the Act of Congress approved April sixteenth, nineteen hundred and six, entitled "An Act providing for the withdrawal from public entry of lands needed for town-site purposes in connection with irrigation projects under the reclamation Act of June seventeenth, rineteen hundred and two, and for other purposes;" and all necessary expenses incurred in the appraisal and sale of lands embraced within any such town site shall be paid from the reclamation fund, and the proceeds of the sales of such lands shall be covered into the reclamation fund. [34 Stat. L. 519.]

For R. S. secs. 2380, 2381, see 6 Fed. Stat. Annot. 341.

The Act of April 16, 1906, above referred to, is given supra, p. 539.

SEC. 4. [Heyburn and Rupert, Idaho purchases by settlers - limitation not applicable withdrawal of larger town sites.] That in the town sites

of Heyburn and Rupert, in Idaho, created and surveyed by the Government, on which town sites settlers have been allowed to establish themselves, and had actually established themselves prior to March fifth, nineteen hundred and six, in permanent buildings not easily moved, the said settlers shall be given the right to purchase the lots so built upon at an appraised valuation for cash, such appraisement to be made under rules to be prescribed by the Secretary of the Interior. Providing that the limitation on the size of townsites contained in the Act of April sixteenth, nineteen hundred and six, entitled "An Act providing for the withdrawal from public entry of lands needed for townsite purposes in connection with irrigation projects under the reclamation Act of June seventeenth, nineteen hundred and two, and for other purposes," shall not apply to the townsites named in this section; and whenever, in the opinion of the Secretary of the Interior, it shall be advisable for the public interest, he may withdraw and dispose of townsites in excess of one hundred and sixty acres under the provisions of the aforesaid Act, approved April sixteenth, nineteen hundred and six, and reclamation funds shall be available for the payment of all expenses incurred in executing the provisions of this Act, and the aforesaid Act of April sixteenth, nineteen hundred and six, and the proceeds of all sales of townsites shall be covered into the reclamation fund. [34 Stat. L. 520.]

SEC. 5. [Desert-land entries—allowance to settlers—where irrigation project abandoned — relinquishment of excess area if project completedowners of water rights.] That where any bona fide desert-land entry has been or may be embraced within the exterior limits of any land withdrawal or irrigation project under the Act entitled "An Act appropriating the receipts from the sale and disposal of public lands in certain States and Territories to the construction of irrigation works for the reclamation of arid lands," approved June seventeenth, nineteen hundred and two, and the desert-land entryman has been or may be directly or indirectly hindered, delayed, or prevented from making improvements or from reclaiming the land embraced in any such entry by reason of such land withdrawal or irrigation project, the time during which the desert-land entryman has been or may be so hindered, delayed, or prevented from complying with the desert-land law shall not be computed in determining the time within which such entryman has been or may be required to make improvements or reclaim the land embraced within any such desert-land entry: Provided, That if after investigation the irrigation project has been or may be abandoned by the Government, time for compliance with the desert-land law by any such entryman shall begin to run from the date of notice of such abandonment of the project and the restoration to the public domain of the lands withdrawn in connection therewith, and credit shall be allowed for all expenditures and improvements heretofore made on any such desert-land entry of which proof has been filed; but if the reclamation project is carried to completion so as to make available a water supply for the land embraced in any such desert-land entry, the entryman shall thereupon comply with all the provisions of the aforesaid Act of June seventeenth, nineteen hundred and two, and shall relinquish all land embraced within his desert-land entry in excess of one hundred and sixty acres, and as to such one hundred and sixty acres retained, he shall be entitled to make final proof and obtain patent upon compliance with the terms of payment prescribed in said Act of June seventeenth, nineteen hundred and two, and not otherwise. But nothing herein contained shall be held to require a desert-land entryman who owns a water right and reclaims the land embraced in his entry to accept the conditions of said reclamation Act. [34 Stat. L. 520.]

An Act To provide for a land district in Valley County, in the State of Montana, to be known as the Glasgow land district.

[Act of Feb. 25, 1907, ch. 1191, 34 Stat. L. 920.]

[Glasgow, Mont., district established - office.] That all that portion of the State of Montana included within the present boundaries of Valley County is hereby constituted a new land district, and that the land office for said district shall be located at Glasgow, in said county. [84 Stat. L. 929.]

An Act To authorize the sale of public lands for cemetery purposes.

[Act of March 1, 1907, ch. 2286, 34 Stat. L. 1052.]

[Sales for cemeteries authorized price reversion.] That the Secretary of the Interior be, and he is hereby, authorized to sell and convey to any religious or fraternal association, or private corporation, empowered by the laws under which such corporation or association is organized or incorporated to hold real estate for cemetery purposes, not to exceed eighty acres of any unappropriated nonmineral public lands of the United States for cemetery purposes, upon the payment therefor by such corporation or association of the sum of not less than one dollar and twenty-five cents per acre: Provided, That title to any land disposed of under the provisions of this Act shall revert to the United States, should the land or any part thereof be sold or cease to be used for the purpose herein provided. [34 Stat. L. 1052.]

An Act To authorize the receivers of public moneys for land districts to deposit with the Treasurer of the United States certain sums embraced in their accounts of unearned fees and unofficial moneys.

[Act of March 2, 1907, ch. 2562, 34 Stat. L. 1245.]

[SEC. 1.] [Receivers to deposit unearned fees, etc.] That the receivers of public moneys for land districts are hereby authorized, under the direction of the Commissioner of the General Land Office, to deposit to the credit of the Treasurer of the United States all unearned fees and unofficial moneys that have been carried upon the books of their respective offices for a period of five years or more, which sums shall be covered into the Treasury by warrant and carried to the credit of the parties from whom such fees or moneys were received, and into an appropriation account to be denominated "Outstanding liabilities." [34 Stat. L. 1245.]

SEC. 2. [Lists to be furnished.] That at the time of making such deposit the receiver shall furnish a list showing the date when the money was paid to him or to his predecessor; the names and residences of the parties; the purposes of the payments and the amounts thereof, which list shall bear the certificate of the register and receiver that the same is correct; that the amounts are due and payable; that diligence has been exercised to return the same, and that the sums specified have remained unclaimed for a period of five years or more. [34 Stat. L. 1245.]

SEC. 3. [Deposit of "moneys deposited by unknown parties"-list.] That amounts that appear in a receiver's accounts as "Moneys deposited by unknown parties" shall also be deposited to the credit of the Treasurer of the United States, accompanied by a list showing the amount and, if possible, the date of F. S. A. Supp.— 35

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