INDIAN AFFAIRS: LAWS AND TREATIES

Vol. I, Laws     (Compiled to December 1, 1902)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1904.


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ACTS OF FIFTY-FOURTH CONGRESS—FIRST SESSION, 1896.
CHAP. 19 | CHAP. 24 | CHAP. 26 | CHAP. 29 | CHAP. 30 | CHAP. 31 | CHAP. 32 | CHAP. 38 | CHAP. 41 | CHAP. 42 | CHAP. 60 | CHAP. 76 | CHAP. 82 | CHAP. 85 | CHAP. 93 | CHAP. 100 | CHAP. 101 | CHAP. 108 | CHAP. 122 | CHAP. 213 | CHAP. 398

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Chapter 108
Section 2

Margin Notes
Chap. 108 Atchison and Nebraska Railroad Company and lessee granted right of way, Sac and Fox and Iowa Indian Reservation, Kans. and Nebr.
    See note to 1885, ch. 337, ante, p. 228.
Chap. 108 Location.
Chap. 108 Provisos. Payment.
Chap. 108 Secretary of Interior to approve location.
Sec. 2 Change of location.
Sec. 2 Proviso. Maps to be filed.

{Page 594}

Chapter 108
    Apr. 18, 1896. | 29 Stat., 95.
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An act granting to the Atchison and Nebraska Railroad Company and the Chicago, Burlington and Quincy Railroad Company, its lessee in perpetuity, the right of way over a part of the Sac and Fox and Iowa Indian Reservation in the States of Kansas and Nebraska.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby granted to the Atchison and Nebraska Railroad Company, a corporation organized and existing under the laws of the State of Kansas, and to the Chicago, Burlington and Quincy Railroad Company, a corporation organized and existing under the laws of the State of Illinois, as lessee in perpetuity of the railroad lines and property of said Atchison and Nebraska Railroad Company, the right of way for the railroad of said Atchison and Nebraska Railroad Company as so leased, one hundred feet in width, fifty feet on each side of the center of the track, as existing and located on and since the seventh day of April, anno Domini eighteen hundred and ninety-five, through the Sac and Fox and Iowa

{Page 595}

Indian Reservation in the States of Kansas and Nebraska and over the allotments in severalty of certain Indians thereon, commencing upon the allotment of Sidney Perry at the southeast corner of said reservation and extending northwestwardly to a point one thousand two hundred and seventy-four feet west of the east line of the allotment of Stephen Story in the southeast quarter of the northeast quarter of section twenty-six, township one north, of range eighteen east, in Richardson County, Nebraska: Provided, That this grant is upon condition that the grantees hereof shall, within ninety days after the approval of this Act, pay to said allottees or their heirs, or to a parent or guardian of any minor allottee or heir, or to the Indian agent at the Pottawatomie and Great Nemaha Agency for their use, at the rate of twenty-five dollars per acre for the land hereby granted; and the receipts of any such persons, acknowledged in the manner provided for the acknowledgment on instruments conveying real estate in the State where said land is located, filed with the officer keeping the public record of land titles in the county in which said land is located, shall be evidence of such payment: Provided further, That said company shall first file with and secure the approval of the Secretary of the Interior to the map of definite location of the road as the same was located on the seventh day of April, eighteen hundred and ninety-five.

SEC. 2

That at any time hereafter whenever it shall be made to appear to the Secretary of the Interior that the encroachments of the Missouri or Great Nemaha rivers shall make it necessary for the grantees named in this Act, their successors or assigns, to acquire other right of way through any part of such reservation, the allottees in severalty of allotments thereon, or their heirs, are hereby authorized individually to grant and convey right of way to the said railroad companies over their respective allotments in the ordinary manner provided for the acquisition of title to real estate in the above-named States, respectively; or the said grantees may proceed against such allottees, or their heirs, as the owners of the several allotments, to condemn such right of way in the manner prescribed by the laws of such respective States as then existing: Provided, That said company shall first file a map of definite location of the location of the relocated line as provided in section one of this Act.

Received by the President, April 7, 1896.


[NOTE BY THE DEPARTMENT OF STATE.—The foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the house of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.]


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