Page images



429. Purchase money refunded where sale

cannot be confirmed.
430. Refunding in certain cases, how done.
431. Repayments on void soldiers' addi-

tional homestead locations.

432. Purchase money, fees, and commis-

sions on erroneous entries, or where

sales cannot be confirmed. 433. Regulations for repayments. War

rants on Treasury for same.


Purchase money SEC. 429. The Secretary of the Interior is authorized, upon sale cannot be proof being made, to his satisfaction, that any tract of land

has been erroneously sold by the United States, so that from any cause the sale cannot be confirned, to repay to the purchaser, or to his legal representatives or assignees, the sum of money which was paid therefor, out of any money in the Treasury not otherwise appropriated.

4 Stat. 80; 11 id. 387; R. S. 2362. 2 Op. Att. Gen. 186; 3 id. 92,

240; 4 id. 277. Decisions Sec. Int., Aug. 17, 1849; Feb. 26, 1852 (1 Lester's L L. 673); March 8, 1852 (1 id. 671); July 24, 1852 (1 rd. 672); Dec. 19, 1853 (1 id. 673); Nov. 21, 1857 (1 id. 675); Jan. 18, 1859 (1id. 676); March 25, 1859 (1 id. 677); June 25, 1859 (1 id. 677); Aug. 9, 1859 (1 id. 675); July 23, 1864; Dec. 27, 1870 ; Dec. 19, 1873; March 3, 1874; Feb. 8, 1878; April 15, 1878; June 3, 1878; Aug 5, 1878; Aug. 12, 1878; Aug. 15, 1878 (5 Copp's L. 0. 127); Sept. 5, 1878; Sept. 23, 1878; Nov. 20, 1878; May 7, 1879; May 25, 1879; June 26, 1879 (6'Copp's L. 0. 95); July 1, 1879 (6 id. 96); July 29, 1879 (6 id. 95); Jan. 8, 1880 (6 id. 192); Feb. 11, 1880 (7 id. 8). Décisions Sec. Treas., March 11, 1831 (2. Laws, Instructions, and Opinions, 440); April 17, 1832 (2 id. 460); April 20, 1877 (4 Copp's L. 0. 110). Decisions Com. G. L. O., Aug. 31, 1830 (2 Laws, Instructions, and Opinions, 432); Dec. 20, 1858 (1 Lester's L. L. 675); July 18, 1871; Sept. 20, 1872; April 12, 1875; Jan. 27, 1876 (2 Copp's L. 0. 180); June 7, 1819; Sept. 12, 1879. Cir. G. L. O., Aug. 31, 1830 (1 Lester's L. L. 667); Sept. 12, 1843 (1 id. 669); Jan. 12, 1854 (1 id. 070); Aug. 7, 1878 (5 Copp's L.O. 110); June 27, 1879;

Aug. 6, 1880 (7 Copp's L. O. 90). Refunding in SEC. 430. Where any tract of land has been erroneously certain cases, how done.

sold, as described in the preceding section, and the money which was paid for the same has been invested in any stocks held in trust, or has been paid into the Treasury to the credit of any trust fund, it is lawful, by the sale of such portion of the stocks as may be necessary for the purpose, or out of such trust fund, to repay the purchase money to the parties entitled thereto.

11 Stat. 388; R. S. 2363. Repayments on

SEC. 431. In all cases where it shall be made to appear void soldiers' ad. ditional homo.

to the satisfaction of the Secretary of the Interior, upon due stead locations. proof, that innocent parties have paid the fees and commis

sions and excess payments required upon the location of soldiers' additional homestead claims, located under section two hundred and thirty-seven, which claims were found to be fraudulent and void after location and the entries or locations made thereon canceled, the Secretary of the Inte



Tior is authorized to repay to such innocent parties the fees and commissions, and excess payments paid by them, upon the surrender of the receipts issued therefor by the receivers of public moneys, out of any money in the Treasury not otherwise appropriated, and shall be payable out of the appropriation to refund purchase money on lands erroneously sold by the United States.

21 Stat. 287. Cir. G. L. O., Aug. 6, 1880 (7 Copp's L. 0. 90). SEC. 432. In all cases where homestead or timber-culture Purchase monor desert-land entries or other entries of public lands have a fees, heretofore or shall hereafter be canceled for conflict, or roneous entriesor where, from any cause, the entry has been erroneously al- Pothe confirmed. lowed and cannot be confirmed, the Secretary of the Interior shall cause to be repaid, out of any money in the Treasury not otherwise appropriated, to the person who made such entry, his heirs or assigns, the fees and commissions, amount of purchase money, and excesses paid upon the saine upon the surrender of the duplicate receipt and the execution of a proper relinquishment of all claims to said land, whenever such entry shall have been duly canceled by the Commissioner of the General Land Office; and in all cases where parties have paid double-minimum price for land which has afterwards been found not to be within the limits of a railroad land grant, the excess of one dollar and twenty-five cents per acre shall in like manuer be repaid to the purchaser thereof, or to his heirs or assigns.

21 Stat. 287. Cir. G. L. O., Aug. 6, 1880 (7 Copp's L. O. 90). SEC. 433. The Commissioner of the General Land Office Regulations for shall make all necessary rules, and issue all necessary in

repayments; structions, to carry into effect the foregoing sections relating Treasury for to repayments, and the Secretary of the Interior shall draw his warrant on the Treasury for the repayment of all pur, chase money, fees, commissions and excesses, and the same shall be paid without regard to the date of the cancellation of the entries.

21. Stat. 287. Cir. G. L. O., Aug. 6, 1880 (7 Copp's L. 0.90).

warrants on




434. Reservations in Florida, how sold.
435. Sale of military sites under general

laws prohibited; proviso as to

Florida. 436. Minimum price, how fixed, when res

ervations are sold.

437. Reservations, how surveyed.
438. Sale of buildings belonging to United

439. Sale of lands with buildings.



Reservations in SEC. 434. All public lands heretofore reserved for miliFlorida, how sold. tary purposes in the State of Florida, which, in the opinion

of the Secretary of War, are no longer useful or desired for such purposes, or so much thereof as said Secretary may designate, shall be placed under the control of the General Land Office, and be disposed of and sold in the same manner and under the same regulations as other public lands of the United States: Provided, That said lands shall not be so placed under the control of the General Land Office until the opinion of the Secretary of War, giving his consent, is communicated to the Secretary of the Interior in writing and filed and recorded.

11 Stat. 87. Sale of military SEC. 435. Military sites which are or may become useless

. eral laws prohib: for military purposes shall not be subject to sale or pre empited.

tion under any of the laws of the United States: Provided, Proviso as to That this section shall not apply to military sites in the

State of Florida, the sale of which is authorized by the preceding section.

11 Stat. 336. Minimum price, SEC. 436. Whenever any reservation of public lands is how fixed, when reservations sold. brought into market, the Commissioner of the General Land

Office shall fix a minimum price, not less than one dollar and twenty-five cents per acre, below which such lands shall not be disposed of.

13 Stat. 374; R. S. 2364. Reservations, SEC. 437. Whenever it becomes necessary to survey any how survepoel.

Indian or other reservations, or any lands, the same shall be surveyed under the direction and control of the General Land Office, and as nearly as may be in conformity to the rules and regulations under which other public lands are surveyed.

13 Stat. 41; R. S. 2115. Sale of build- SEC. 438. The Secretary of the Interior is authorized to ings the United States. cause all such buildings belonging to the United States, as

have been, or hereafter shall be, erected for the use of their agents, teachers, farmers, mechanics, and other persons employed amongst the Indians, to be sold whenever the lands

[ocr errors]
[ocr errors]

Sale of lands

on which the same are erected have become the property of the United States, and are no longer necessary for such purposes.

5 Stat. 611; R. S. 2122. SEC. 439. The Secretary of the Interior is authorized to

with buildings. cause to be sold, at his discretion, with each of such buildings as are mentioned in the preceding section, a quantity of land not exceeding one section; and on the payment of the consideration agreed for into the Treasury of the United States by the purchaser, the Secretary shall make, execute, and deliver to the purchaser a title in fee-simple for such lands and tenements.

5 Stat. 611; R. S. 2123. NOTE.-For laws reserving timber lands for naval purposes, see Timber and Timber Culture, chapter ix.

For acts reserving lands for public parks and for other purposes, see “Local and Temporary Laws” relating to the States and Territories in which such reservations are located.

For authority of President to make reservations for public purposes, see Wilcox v. Jackson, 13 Pet. 498; U. S. v. Fitzgerald, 15 id. 407; U.S. v. Chicago, 7 How. 185; U. S. v. Śtone, 2 Wall. 525; Wolcott ú. Des Moines Co., 5 id. 681 ; Grisar v. McDowell, 6 id. 363.




[ocr errors]



Sec. 440. Navigable rivers public highways. 450. Private lands and possessory claims, Streams not navigable, banks of.

how condemned. 441. Right of way for highways over pub- 451. Profile of road claiming benefits, lic lands.

when to be filed. Disposal of lands 442. If lands granted for right of way are subject to right of way. Forfeiture not used, &c., to revert to the Gov

of right. ernment.

452. Application of this act. 443. Mineral locators' rights of possession 453. Right to alter, amend, &c. and enjoyment.

454. Use of public domain by telegraph 444. Right of way in intersecting veins in company. mines.

455. Use of materials from public lands. 445. What conditions of sale may be made 456. These rights not transferable. by local legislature.

457. Government to have priority in trans446. Vested rights to use of water for min

mission of messages. ing, &c.; right of way for canals. 458. Government entitled to purchase 447. Patents, pre-emptions, and home

lines. steads subject to vested and ac- 459. Acceptance of obligations to be filed. crued water-rights.

460. Penalty for refusal to transmit dis448. Right of way, materials, station- patches.

grounds, &c., granted to railroads. 461. Timber lands to be patented subject 449. Rights of several railroads through to accrued right of way and water

cañon, pass, or defile. Crossing at rights.

grade. Wagon roads, rights of. Navigable riv SEC. 440. All navigable rivers, within the territory occuers public high-pied by the public lands, shall remain and be deemed public Streams not highways; and, in all cases where the opposite banks of any navigable, banks streams not navigable belong to different persons, the stream

and the bed thereof shall become common to both.

1 Stat. 468; 2 id. 235; R. S. 2476. Right of way SEC. 441. The right of way for the construction of highfor highways over publiclands. ways over public lands, not reserved for public uses, is

hereby granted.

14 Stat. 253; R. S. 2477. Railway Co, v. Gordon, S. C. Mich., Oct.

T. 1879 (7 Copp's L. O. 158). If lands grant SEC. 442. If any rail or plank road or macadamized turnway are not used, pike company to whom the right of way or sites for water&o, to revert to ing places, depots and work-shops over and through the

public lands of the United States was granted by the act of Congress approved August fourth, eighteen hundred and fifty-two, and by the acts amendatory thereto, shall at any time after its completion be discontinued or abandoned by said company or companies, the grants made by said acts shall cease and determine, and the lands shall revert back to the United States.

10 Stat. 28, 29, 683; 12 id. 577. Decision Com. G. L. O., July 16, 1857. Mineral locat. SEC. 443. The locators of all mining locations heretofore ors' rights of pos. made or which shall hereafter be made, on any mineral vein, joyment. lode, or ledge, situated on the public domain, their heirs and

assigns, where no adverse claim exists on the tenth day of May, eighteen hundred and seventy-two, so long as they

« PreviousContinue »