« PreviousContinue »
Notice of com
monson v. Corn, 62 Ind. 17; Gratham v. Atkins, 62 Ills. 359; Smith v. Goodell, 66 id. 450 ; Compton v. Prince, 67 id. 281; Gas
ton v. Scott, 5 Oreg. 48. Indemnity for SEC. 24. Indemnity for swamp lands sold by the United swamp lands.
States shall not be allowed until approved by the Secretary of the Interior.
10 Stat. 634, 635; R. S. 2482.
SEC. 25. He shall notify the governors of the States of pleted surveys in Minnesota and Oregon when public land surveys have Oregon. been completed and confirmed in said States.
12 Stat. 3; R. S. 2490. Gaston v. Scott, 5 Oreg. 48. Decisions
Sec. Int., Oct. 13, 1876; Jan. 7, 1879; April 15, 1880. Requisitions for SEC. 26. He shall sign all requisitions for the advance or pensars upon payment of money out of the Treasury, on estimates or Treasury.
accounts approved or certified by the Commissioner of the General Land Office, subject to the control of the proper accounting officers of the Treasury.
9 Stat. 395; R. S. 444. 1 Lester, 314. To prescribe SEC. 27. He shall prescribe the duties of the Assistant duties of Assist- Secretary of the Interior, who shall act as the Secretary of
the Interior in the absence of that officer.
12 Stat. 369; R. S. 439. Designation of SEC. 28. Upon the survey of lands designated as mineral, agricultural from the Secretary of the Interior may designate and set apart such
portions of the same as are clearly agricultural lands, which lands shall thereafter be subject to pre emption and sale as other public lands and be subject to all the laws and regulations applicable to the same.
14 Stat. 253; R. S. 2342. Subdivision of SEC. 29. He shall prescribe regulations for the subdivision fractional sec- of fractional sections.
3 Stat. 566; 4 id. 503; R. S. 2397. Gazzam v. Phillips' Lessee et
al., 20 How. 372. 3 Op. Att. Gen. 281. Decision Com. G. L. O.,
May 17, 1875. Designation of
SEC. 30. It shall be the duty of the Secretary of the Innewspaper to terior to designate one newspaper in each State or Terri. mations for sale tory, where public lands are situated, for the publication of of lands.
all Executive proclamations relating to the sale of public lands.
19 Stat. 221.
THE GENERAL LAND OFFICE.
Sec. 31. Commissioner of the General Land 53. Commissioner shall prescribe regulaOffice.
tions for assignment and location of 32. Duties of the Commissioner.
bounty-land warrants. 33. Commissioner to have custody of seal, 54. Commissioner shall cause bounty-land books, records, &c.
warrants to be located free of ex34. Commissioner to make plats and fur
pense. nish information when required by 55. Commissioner shall prescribe regulathe President or Congress.
tions for relocation of bounty-land 35. To audit and settle accounts relative
warrants. to public lands.
56. Commissioner, conjointly with Secre36. Fees for exemplified copies of records
tary of Interior and Attorney-Genand patents.
eral, shall adjudicate suspended en37. Entry of lands in States where there
tries. are no land offices. 38. Commissioner to perform duties of
57. Commissioner may order certain lands
into market without Presidential surveyor-general when surveying district is discontinued.
58. Commissioner may reissue patents on 39. Appeals from decisions of district land officers and Commissioner in
entries confirmed by board of equi
table adjudication. pre-emption contests. 40. Where pre-emptor after filing for land 59. Commissioner shall prepare copies of becomes register or receiver.
records and papers for use in courts 41. Commissioner has power to regulate
of justice. costs of survey and publications in
60. Commissioner shall allow indemnity mineral cases.
for swamp lands. 42. Commissioner to fix maximum price of 61. Commissioner may make regulations reservations restored to market.
for execution of public land laws. 43. Commissioner authorized to allow er- 62. Commissioner to perform duties of reroneous description in entries to be
corder of land titles for Missouri. corrected.
63. Commissioner shall issue patents for 44. Commissioner shall prescribe regula- public lands and private land tions for sale of town lots.
claims. 45. Commissioner shall approve all con- 64. Commissioner to issue patents on tracts for surveys.
claims heretofore confirmed. 46. Commissioner's instructions deemned
65. Fee-simple to pass in all grants of land part of contract for surveying.
to States and Territories where 47. Commissioner shall fix the price of lands are of character granted. public surveys and instruct survey
66. Chief clerk General Land Office. ors-general how to keep accounts
67. Recorder General Laud Office. of costs of surveys of private land
68. Duties of recorder. claims.
69. Patents, how executed. 48. Commissioner shall issue instructions
70. Priucipal clerks of public lands and for surveys under deposit system. 49. Commissioner may allow augmented 71. Officers, clerks, and employés of Gen
private land claims. rates for surveys of forests, &c., in
eral Land Office not to be interested Oregon. 50. Commissioner may allow augmented
in purchase of public lands. rates for surveys of forests, &c., in
72. Secretary to the President to sign land California and Washington Terri
73. Assistant Secretary to sign land pat51. Commissioner shall prescribe regula
ents. tions and terms for geodetic surveys
74. Warrants for military lands to be rein Oregon and California.
corded, &c. 52. Commissioner may allow compensa- 75. Authentication of papers filed in the tion by the day for surveys in Ore
Department of the Interior. gon and California.
76. Principal clerk of surveys.
Duties of Com.
Commissioner SEC. 31. There shall be in the Department of the Inteof the General rior a Commissioner of the General Land Office, who shall
be appointed by the President, by and with the advice and consent of the Senate, and shall be entitled to a salary of four thousand dollars a year.
2 Stat. 717 ; 5 id. 107; 17 id. 508; R. S. 446.
SEC. 32. The Commissioner of the General Land Office missioner.
shall perform, under the direction of the Secretary of the Interior, all executive duties appertaining to the surveying and sale of the public lands of the United States, or in any. wise respecting such public lands, and, also, such as relate to private claims of lands, and the issuing of patents for all grants of land under the authority of the Government.
2 Stat. 716; 5 id. 107; 18 id. 62, 317; R. S. 43. Foley v. Har
rison, 15 How. 433; Barnard's Heirs v. Ashley's Heirs, 18 id. 43; Bell v. Hearne, 19 id. 252; Castro v. Hendricks, 23 id. 438; Maguire v. Tyler, 1 Black, 195; Harkness v. Underhill, 1 id. 316; U. $. v. Commissioner, 5 Wall. 563; Gaines v. Thompson, 7 id. 349; Sec'y v. McGarrahan, 9 id. 298; Johnson v. Towsley, 13 id. 72. 12 Op. Att. Gen. 250. Le Roy v. Clayton, 2 Saw. C. C. 493 ; Patterson v. Tatum, 3 id. 164; Le Roy v. Jamison, 3 id. 369. Lott v. Prudhomme, 3 Rob. (La.) 293; Bettis v. Amonett, 4 id. 364; Foley v. Harrison, 5 id. 75; Gurdry v. Wood, 19 id. 2334 ; Lamont v. Stinson, 3 Wis. 545; Fremont Co. v. R. R. Co., 22 Iowa, 91; Bellows v. Todd, 34 id. 18; Brill v. Stiles, 35 Ills. 305; Aldrich v. Aldrich, 37 id. 32; Lewis v. Lewis, 9 Mo. 183; Pope r. Athearn, 42 Cal. 606; Hosmer v. Wallace, 47 id. 461; Parker v. Duff, 47 id. 554; McGarrahan v. Mining Co., 49 id. 331 ; Hesters v. Brennan, 50 id. 211 ; Vance v. Kohlburg 50 id. 346; Weaver v. Fair
child, 50 id. 360 ; Fugy v. Hensley, 52 id. 299. Custody of seal, SEC. 33. The Commissioner of the General Land Office books, records, shall retain the charge of the seal heretofore adopted for
the office, which may continue to be used, and of the records, books, papers, and other property appertaining to the office.
2 Stat. 717 ; R. S. 454.
SEC. 34. The Commissioner of the General Land Office surveyed.
shall, when required by the President, or either House of Congress, make a plat of any land surveyed under the authority of the United States, and give such information respecting the public lands and concerning the business of his office as shall be directed.
2 Stat. 717 ; R. S. 455. Returns and ac- SEC. 35. All returns relative to the public lands shall be counts relative to lands.
made to the Commissioner of the General Land Office; and he shall have power to audit and settle all public accounts relative to the public lands; and upon the settlement of any such accounts he shall certify the balance, and transmit the account with the vouchers and certificate to the First Comptroller of the Treasury, for his examination and decision thereon.
2 Stat. 717 ; R. S. 456.. Fees for exem
SEC. 36. All exemplifications of patents, or papers on file plifications of
or of record in the General Land Office, which may be repatents, &c.
quired by parties interested, shall be furnished by the Commissioner upon the payment by such parties at the rate of fifteen cents per hundred words, and two dollars for copies
Plats of lands
of township plats or diagrams, with an additional sum of one dollar for the Commissioner's certificate of verification with the General Land Office seal; and one of the employés of the office shall be designated by the Commissioner as the receiving clerk, and the amount so received shall, under the direction of the Commissioner, be paid into the Treasury; but fees shall not be demanded for such authenticated copies as may be required by the officers of any branch of the Government, nor for such unverified copies as the Commissioner in his discretion may deem proper to furnish.
13 Stat. 375; R. S. 461. Lane v. Bommelmann, 17 Ills. 95 ; Lacy v.
Davis, 4 Mich. 140; Gilman v. Ripela, 18 id. 145; Clark v. Hill,
July 20, 1875. SEC. 37. That public lands situated in States in which Entry of lands there are no land offices may be entered at the General there are no land Land Office, subject to the provisions of law touching the offices. entry of public lands; and the necessary proofs and affidavits required in such cases may be made before some officer competent to administer oaths, whose official character shall be duly certified by the clerk of a court of record ; and moneys received by the Commissioner of the General Land Office for lands entered by cash entry shall be covered into the Treasury.
19 Stat. 315; 20 id. 201. SEC. 38. Upon the discontinuance of any surveying dis. Commissioner trict the authority, powers, and duties in relation to the surf surveyor-gen.
to perform vey, resurvey, or subdivision of lands therein and all mat- eral, &c. ters and things connected therewith, as previously exercised by the surveyor-general, shall be vested in and devolved upon the Commissioner of the General Land Office; and deputy surveyors or other agents under his direction shall have free access to any field-notes, maps, records, and other papers, turned over to the authorities of any State pur-, suant to law, for the purpose of making copies thereof, without charge of any kind.
10 Stat. 152; R. S. 2219, 2220, SEC. 39. Appeals from the decision of district officers in Effect of Com. cases of contest for the right of pre-emption shall be made
missioner's decis. to the Commissioner of the General Land Office, whose de-pre-emption cision shall be final, unless appeal therefrom be taken to the Secretary of the Interior.
5 Stat. 456; 11 id. 326; R. S. 2273. Barnard v. Ashley, 18 How. 43 ; Garland v. Wynn, 20 id. 6; Lytle v. Arkansas, 22 id. 193; Harkness et al. v. Underhill, 1 Black, 316; Lindsey v. Hawse, 2 id.554; Minnesota v. Batchelder, 1 Wall. 109; Litchfield v. Register and Receiver, 9 id. 575; Johnson v. Towsley, 13 id. 72; Warren v. Van Brunt, 19 id. 646; Shepley et al. v. Cowan et al., 1 Otto, 330. 1 Op.
Att. Gen. 201. Laughlin v. McGarvey, 50 Cal. 169. SEC. 40. Where bona-fide settlers, under the homestead or Where claimant pre-emption laws, have, subsequent to the date of filing their register or re
of becomes applications to enter not exceeding one quarter-section of ceiver.
ion in contested
Power to regu
tion in mineral cases.
to fix minimum
public lands, been appointed a register or receiver of the
17 Stat. 10; R. S. 2287. 4 Op. Att. Gen. 223; 7 id. 647.
SEC. 41. The Commissioner of the General Land Office
veys and the publication of notices under the mineral laws;
designate any newspaper published in a land district where mines are situated for the publication of mining notices in such district, and fix the rates to be charged by such paper.
17 Stat. 95 ; 19 id. 52; R. S. 2334.
twenty-five cents per acre, below which such lands shall not
13 Stat. 374; R. S. 2:364.
sioner is authorized, upon prescribed proof, to correct entries
4 Stat. 31; R. S. 2372. Wilson v. Byns, 77 Ills. 76; Corwan v. John
son, 29 Mo. 84; State v. Commissioner, 17 Wis. 248. Regulations for SEC. 44. He shall prescribe regulations for the conduct of sale of town lots. sales of town lots at public sale and by private entry.
12 Stat. 754; R. S. 2381. Leech v. Ranch, 3 Minn. 448. Approval of SEC. 45. The Commissioner shall approve all contracts for surveying con.
the survey of the public lands. .
12 Stat. 409; R. S. 2398. Maguire v. Tyler, 1 Black, 201 ; Parke
v. Ross, 11 How. 362; McKee v. U. S., i N. & H. 336. Commissioner's SEC. 46. The instructions issued by the Commissioner of instructions the General Land Office not in conflict with law shall be deemed part of contract for sur- deemed part of every contract for surveying the public lands. veying
12 Stat. 409; R. S. 2399.
SEC. 47. Subject to the statutory maximum, he shall fix veys, how fixed., the price per mile for public surveys, and he shall instruct
of costs of survey: the surveyor-general as to the mode of keeping accounts ing private land and making reports of the cost of surveying and platting
private land claims.
12 Stat. 409; 18 id. 384; R. S. 2400. Instructions for
SEC. 48. He shall instruct the surveyor-general as to the survey
any townships upon the deposit by settlers of the cost thereof.
12 Stat. 410; R. S. 2401. Cir. G. L. O., March 5, 1880. Augmented
SEC. 49. The Commissioner of the General Land Office rates for surveys may authorize, in his discretion, public lands in Oregon, with forests, &c., densely covered with forests or thick undergrowth, to be in Oregon.
surveyed at augmented rates, not exceeding eighteen dol-
16 Stat. 304, 305 ; R. S. 2404. Decision Sec. Int., June 16, 1879.
Price of sur
of lands covered