Payment of assessment by installments, etc. Interest. fund. ings. Court record. ment book to be filed. The assessment, when confirmed, shall be divided into four equal installments, and may be paid by any party interested in full or in one, two, three, and four years, on or before which times all shall be payable, with six per centum annual interest on all deferred pay. Separate Treasury ments. All payments shall be made to the Treasurer of the United States, who shall keep the account as a separate fund. The orders Validity of proceed- of the court shall be conclusive evidence of the regularity of all previous proceedings necessary to the validity thereof, and of all matters recited in said orders. The clerk of said court shall keep a record of all proceedings in regard to said assessment and confirmation. Duplicate assess. The commission shall furnish the said clerk with a duplicate of its assessment book, and in both shall be entered any change made or ordered by the court as to any real estate. Such book filed with the Evidence of recited clerk when completed and certified shall be prima facie evidence of all facts recited therein. In case assessments are not paid as aforesaid the book of assessments certified by the clerk of the court shall be delivered to the officer charged by law with the duty of collecting delinquent taxes in the District of Columbia, who shall proceed to collect the same as delinquent real estate taxes are collected. No sale for any installment of assessment shall discharge the real estate from any subsequent installment; and proceedings for subsequent installments shall be as if no default had been made in prior facts. Delinquent ments. Collection. assess Payment of_com. pensation by Treas urer. Commission orders. of cost. Compensation public officers. ones. All money so collected may be paid by the Treasurer on the order of the commission to any persons entitled thereto as compensation for land or services. Such order on the Treasurer shall be signed by a majority of the commission and shall specify fully the purpose Proceeds in excess for which it is drawn. If the proceeds of assessment exceed the cost of the park the excess shall be used in its improvement, under the direction of the officers named in section eight, if such excess shall not exceed the amount of ten thousand dollars. If it shall exceed that amount that part above ten thousand dollars shall be of refunded ratably. Public officers performing any duty hereunder shall be allowed such fees and compensation as they would be enti of tled to in like cases of collecting taxes. The civilian members of the commission shall be allowed ten dollars per day each for each assess day of actual service. Deeds made to purchasers at sales for delinquent assessments hereunder shall be prima facie evidence of the right of the purchaser, and any one claiming under him, that the real estate was subject to assessment and directly benefited, and that the assessment was regularly made; that the assessment was not paid; that due advertisement had been made; that the grantee in the deed was the purchaser or assignee of the purchaser, and that the sale was conducted legally. Compensation civilian commissioners. Delinquent ment sale deeds. Evidence of. Judgment of sale. Estoppal, etc. Appropriation. For total cost, etc. Provisos. Half from the District revenues. Any judgment for the sale of any real estate for unpaid assess ments shall be conclusive evidence of its regularity and validity in all collateral proceedings except when the assessment was actually paid, and the judgment shall estop all persons from raising any objection thereto, or to any sale or deed based thereon, which existed at the date of its rendition, and could have been presented as a defense to the application for such judgment. or so much To pay the expenses of inquiry, survey, assessment, cost of lands taken, and all other necessary expenses incidental thereto, the sum of one million two hundred thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any money in the Treasury not otherwise appropriated: Provided, That one-half of said sum of one million two hundred thousand dollars, thereof as may be expended, shall be re-imbursed to the Treasury of the United States out of the revenues of the District of Columbia, in four equal annual installments, with interest at the rate of three per centum per annum upon the deferred payments: And provided Maintenance, etc. Further, That one-half of the sum which shall be annually appropri Half from District Ated and expended for the maintenance and improvement of said Reimbursed in in stallments. Interest. revenues. lands as a public park shall be charged against and paid out of the revenues of the District of Columbia, in the manner now provided by law in respect to other appropriations for the District of Columbia, and the other half shall be appropriated out of the Treasury of the United States. SEC. 7. That the public park authorized and established by this Control, etc., of act shall be under the joint control of the Commissioners of the park. District of Columbia and the Chief of Engineers of the United States Army, whose duty it shall be, as soon as practicable, to lay out and prepare roadways and bridle paths, to be used for driving and for horseback riding, respectively, and footways for pedestrians; and whose duty it shall also be to make and publish such regulations as they deem necessary or proper for the care and management of the same. Such regulations shall provide for the preservation from injury or spoliation of all timber, animals, or curiosities within said park, and their retention in their natural condition, as nearly as possible. Approved, September 27, 1890. Regulations, etc. CHAP. 1002.-An act to authorize the Texas-Mexican Electric Light and Power September 27, 19890. Company to erect wires across the Rio Grande River at Eagle Pass, Texas. tric Light and Power at Eagle Pass, Tex. Wires. Location. Provisos. Litigation. Be it enacted by the Senate and House of Representatives of the United Texas-Mexican Eleo Mexican Electric Light and Power Company, a corporation organ- Company may wire ized and created under and by virtue of the laws of the State of the Rio Grande River Texas, be, and is hereby, authorized and empowered to construct, Own, maintain, and operate its wires across the Rio Grande River between the city of Eagle Pass, in the State of Texas, and the city of Porfirio Diaz, formerly known as Piedras Negras, in the State of Coahuila, in the Republic of Mexico, at such point as may be most convenient to said corporation: Provided, That said wires shall not interfere with the free navigation of said river, and in case of any Unobstructed navilitigation arising from an obstruction or alleged obstruction to the gation, for the western district of Texas: And provided also, That Congress the case may be tried before the district court of the United States by this act in case the free navigation of the river shall at any time reserves the right to withdraw the power and authority conferred other reason, and to direct the removal of said wires, or necessary Removal, etc., of be substantially or materially obstructed by said wires, or for any wires; and Congress may at any time alter, repeal, or amend this Amendment, etc. modifications thereof, at the cost and expense of the owners of said wires. act: And provided further, That the consent of the Mexican state of Coahuila and of the proper authorities of the Republic of Mexico shall have been obtained before the construction of said wires shall Approved, September 27, 1890. be commenced. Consent of Mexican authorities, etc. CHAP. 1003-An act to provide an American register for the steam-ship G. W. September 27, 1890. Jones, of New York. "Czarina." American register granted to foreign Be it enacted by the Senate and House of Representatives of the built steamship O W. Jones," and name Inspection, etc. September 29, 1890. Forfeiture of un State, etc. Forfeiture and resumption. SEC. 2. That the Secretary of the Treasury be, and hereby is, authorized and directed to authorize and direct the inspection of said steam-vessel, steam-boiler, steam-pipes, and the appurtenances of said boiler, and cause to be granted the proper and usual certifi cate issued to steam-vessels of the merchant marine, without reference to the fact that said steam-boiler, steam-pipes, and appurte nances were not constructed pursuant to the laws of the United States, and were not constructed of iron stamped pursuant to said laws; and the tests to be applied in the inspection of said boiler, steampipes, and appurtenances will be the same in all respects as to strength and safety as are required in the inspection of boilers constructed in the United States for marine purposes, save the fact that said boiler, steam-pipes, and appurtenances not being constructed pursuant to the requirements of the laws of the United States, and are of unstamped iron, shall not be an obstacle to the granting of the usual certificate if said boiler, steam-pipes, and appurtenances are found to be of sufficient strength and safety. Approved, September 27, 1890. CHAP. 1040-An act to forfeit certain lands heretofore granted for the purpose of aiding in the construction of railroads, and for other purposes. Be it enacted by the Senate and House of Representatives of the earned lands granted United States of America in Congress assembled, That there is hereby to railroads in any forfeited to the United States, and the United States hereby resumes the title thereto. all lands heretofore granted to any State or to any corporation to aid in the construction of a railroad opposite to and coterminous with the portion of any such railroad not now comRestored to public pleted, and in operation, for the construction or benefit of which such lands were granted; and all such lands are declared to be a part of the public domain: Provided, That this act shall not be conRights of way, etc. strued as forfeiting the right of way or station grounds of any railroad company heretofore granted. -domain. Proviso. Preference rights of present actual settlers to enter. Time limit. -actual occupation. SEC. 2. That all persons who, at the date of the passage of this act, are actual settlers in good faith on any of the lands hereby forfeited and are otherwise qualified, on making due claim on said lands under the homestead law within six months after the passage of this act, shall be entitled to a preference right to enter the same Entry for time of under the provisions of the homestead law and this act, and shall be regarded as such actual settlers from the date of actual settlement or occupation; and any person who has not heretofore had the benefit of the homestead or pre-emption law, or who has failed from any cause to perfect the title to a tract of land heretofore entered by him under either of said laws, may make a second homestead entry under the provisions of this act. The Secretary of the Interior shall make such rules as will secure to such actual settlers these rights. Second homestead - entries. Rules. Purchasers, etc., in possession. SEC. 3. That in all cases where persons being citizens of the United States, or who have declared their intentions to become such, in accordance with the naturalization laws of the United States, are in possession of any of the lands affected by any such grant and hereby resumed by and restored to the United States, under deed, written contract with, or license from, the State or corporation to which such grant was made, or its assignees, executed prior to January first, eighteen hundred and eighty-eight, or where persons may have Settlers intending to settled said lands with bona fide intent to secure title thereto by purchase from the State or corporation when earned by compliance with the conditions or requirements of the granting acts of Congress Entitled to purchase. they shall be entitled to purchase the same from the United States. in quantities not exceeding three hundred and twenty acres to any one such person, at the rate of one dollar and twenty-five cents per purchase. Limitations. Patents to issue. Purchasers, etc., in possession, having im Proof of payments. Optional abandonment, etc. Provisos. Certain parties in acre, at any time within two years from the passage of this act, and on making said payment to receive patents therefor, and where any such person in actual possession of any such lands and having improved the same prior to the first day of January, eighteen hundred and ninety, under deed, written contract, or license as aforesaid, or his assignor, has made partial or full payments to said railroad company prior to said date, on account of the purchase price of said lands from it, on proof of the amount of such payments he shall be entitled to have the same, to the extent and amount of one dollar and twenty-five cents per acre, if so much has been paid, and not more, credited to him on account of and as part of the purchase price Credit on account. herein provided to be paid the United States for said lands, or such persons may elect to abandon their purchases and make claim on said lands under the homestead law and as provided in the preceding section of this act: Provided, That in all cases where parties, persons, or corporations, with the permission of such State or corporation, or its assignees, are in the possession of and have made possession may re improvements upon any of the lands hereby resumed and restored, provements. and are not entitled to enter the same under the provisions of this act, such parties, persons, or corporations shall have six months in which to remove any growing crop, and within which time they shall also be entitled to remove all buildings and other movable improvements from said lands: Provided further, That the provisions Certain lands in of this section shall not apply to any lands situate in the State of Iowa on which any person in good faith has made or asserted the further, That nothing in this act contained shall be construed as limited. limiting the rights granted to purchasers or settlers by "An act to provide for the adjustment of land grants made by Congress to aid in the construction of railroads and for the forfeiture of unearned dred and eighty-seven, or as repealing, altering, or amending said favor of any purchaser against his grantor for breach of any cov enants of title. move crops Iowa exempted. im Rights of certain purchasers, etc., not Vol.24, pp. 56–559. Withdrawals within certain indemnity lim Vol. 13, p. 74, reVol. 13, p. 527, repealed. lands to the State of Iowa in alternate sections to aid in the con- its, Iowa and MinneSEC. 4. That section five of an act entitled "An act for a grant of struction of a railroad in said State," approved May seventeenth, sota. tled "An act extending the time for the completion of certain land-, eighteen hundred and sixty-four, and section seven of an act enti- pealed. grant railroads in the States of Minnesota and Iowa, and for other purposes," approved March third, eighteen hundred and sixty-five, and also section five of an act entitled "An act making an additional grant of lands to the State of Minnesota in alternate sections to aid in the construction of railroads in said State," approved July fourth, eighteen hundred and sixty-six, so far as said sections are applicable to lands embraced within the indemnity limits of said grants, be, and the same are of section four of to Vol. 14, p. 88, repealed. Vol.13, p.96, repealed. hereby, repealed; and so much of the provisions Reservation of cerand sixty-four, and entitled "An act to amend an act entitled 'An an act approved June second, eighteen hundred tain lands, Iowa. to aid in the construction of certain railroads in said State,'" approved May fifteenth, eighteen hundred and fifty-six, be, and the the Internereby, repealed so far as they require the Secretary of primary or six miles granted limits of the roads mentioned in said reserve any lands but the odd sections within the act of June second, eighteen hundred and sixty-four, or the act of which the same is amendatory. BBC. & that any lands heretofore granted to the Northern Pacific Railroad Company and so resumed by the United States and restored to the public domain lie north of the line STAT L-VOL XXVI-32 Northern Pacife of Harrison's line. Railroad lands, north Persons in possession, etc., may pur chase, without limit of quantity. Time limit. Rate. Proviso. Confirmation of forfeited rights of way: etc., to Portland, Oregon. known as the "Harrison line," being a line drawn from Wallula, Washington, easterly to the southeast corner of the northeast onefourth of the southeast quarter of section twenty-seven, in township seven north, of range thirty-seven east, of the Willamette meridian, all persons who had acquired in good faith the title of the Northern Pacific Railroad Company to any portion of said lands prior to July first, eighteen hundred and eighty-five, or who at said date were in possession of any portion of said lands or had improved the same, claiming the same under written contract with said company, executed in good faith, or their heirs or assigns, as the case may be, shall be entitled to purchase the lands so acquired, possessed, or improved, from the United States, at any time prior to the expiration of one year after it shall be finally determined that such lands are restored to the public domain by the provisions of this act, at the rate of two dollars and fifty cents per acre, and to receive patents Patents upon proof. therefor upon proof before the proper land office of the fact of such acquisition, possession, or improvement, and payment therefor, without limitation as to quantity: Provided, That the rights of way and riparian rights heretofore attempted to be conveyed to the city of Portland, in the State of Oregon, by the Northern Pacific Railroad Company and the Central Trust Company of New York, by deed of conveyance dated August eighth, eighteen hundred and eighty-six, and which are described as follows: A strip of land fifty feet in width, being twenty-five feet on each side of the center line of a water-pipe line, as the same is staked out and located, or as it shall be hereafter finally located according to the provisions of an act of the legislative assembly of the State of Oregon approved November twenty-fifth, eighteen hundred and eighty-five, providing for the means to supply the city of Portland with an abundance of good, pure, and wholesome water over and across the following described tracts of land: Sections nineteen and thirty-one in township one south, of range six east; sections twenty-five, thirty-one, thirty-three, and thirty-five, in township one south, of range five east; sections three and five in township two south, of range five east; section one in township two south, of range four east; sections twenty-three, twenty-five, and thirty-five in township one south, of range four east, of the Willamette meridian, in the State of Oregon, forfeited by this act, are hereby confirmed unto the said city of Portland, in the State of Oregon, its successors and assigns forever, with the right to enter on the herein before-described strip of land, over and across the abovedescribed sections for the purpose of constructing, maintaining, and repairing a water-pipe line aforesaid. Disposition of forfeited lands, etc. Confirmation of Gulf and Ship Island, tain other claimants. SEC. 6. That no lands declared forfeited to the United States by this act shall by reason of such forfeiture inure to the benefit of any State or corporation to which lands may have been granted by Congress, except as herein otherwise provided; nor shall this act be construed to enlarge the area of land originally covered by any such grant, or to confer any right upon any State, corporation or person to lands which were excepted from such grant. Nor shall the moiety of the lands granted to any railroad company on account of a main and a branch line appertaining to uncompleted road, and hereby forfeited, within the conflicting limits of the grants for such main and branch lines, when but one of such lines has been completed, inure by virtue of the forfeiture hereby declared, to the benefit of the completed line. SEC. 7. That in all cases where lands included in a grant of land Miss., lands, to cash to the State of Mississippi, for the purpose of aiding in the construcpurchasers, and cer- tion of a railroad from Brandon to the Gulf of Mexico, commonly known as the Gulf and Ship Island Railroad, have heretofore been sold by the officers of the United States for cash, or with the allowance or approval of such officers have been entered in good faith under the pre-emption or homestead laws, or upon which there were bona |