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U.S. Code as of:
01/19/04
Section 897. Patents to purchasers from railroads; purchase money
As to all lands, except those mentioned in section 896 of this
title, which have been so erroneously certified or patented as
aforesaid, and which have been sold by the grantee company to
citizens of the United States, or to persons who have declared
their intention to become such citizens, the person or persons so
purchasing in good faith, his heirs or assigns, shall be entitled
to the land so purchased, upon making proof of the fact of such
purchase at the proper land office, within such time and under such
rules as may be prescribed by the Secretary of the Interior, after
the grants respectively shall have been adjusted; and patents of
the United States shall issue therefor, and shall relate back to
the date of the original certification or patenting, and the
Secretary of the Interior, on behalf of the United States, shall
demand payment from the company which has so disposed of such lands
of an amount equal to the Government price of similar lands; and in
case of neglect or refusal of such company to make payment as
hereafter specified, within ninety days after the demand shall have
been made, the Attorney General shall cause suit or suits to be
brought against such company for the said amount: Provided, That
nothing in sections 894 to 899 of this title shall prevent any
purchaser of lands erroneously withdrawn, certified, or patented as
aforesaid from recovering the purchase money therefor from the
grantee company, less the amount paid to the United States by such
company as by said sections required: And provided, That a mortgage
or pledge of said lands by the company shall not be considered as a
sale for the purpose of said sections, nor shall said sections be
construed as a declaration of forfeiture of any portion of any land
grant for conditions broken, or as authorizing an entry for the
same, or as a waiver of any rights that the United States may have
on account of any breach of said conditions. Provided further, That
where such purchasers, their heirs or assigns, have paid only a
portion of the purchase price to the company, which is less than
the Government price of similar lands, they shall be required,
before the delivery of patent for their lands, to pay to the
Government a sum equal to the difference between the portion of the
purchase price so paid and the Government price, and in such case
the amount demanded from the company shall be the amount paid to it
by such purchaser.
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