« PreviousContinue »
two or more pur.
Several certifi. SEC. 157. Where two or more persons have become purcates issued to chasers of a section or fractional section, the register of the chasers of same land office of the district in which the lands lie shall, on ap
plication of the parties, and a surrender of the original certificate, issue separate certificates, of the same date with the original, to each of the purchasers, or their assignees, in conformity with the division agreed on by them; but in no case shall the fractions so purchased be divided by other than north and south, or east and west, lines; nor shall any certificate issue for less than eighty acres.
4 Stat. 287 ; R. S. 2361. Gaines v. Hale, 16 Ark. 9; Downs i. Scott,
3 Rob. (La.) 84. Private sales, SEC. 158. All the public lands, when offered at private sale, in what bodies.
may be purchased, at the option of the purchaser, in entire sections, half-sections, quarter-sections, half quarter-sections, or quarter quarter-sections.
4 Stat. 503; R. S. 2354. Private sales, SEC. 159. Every person making application at any of the proceedings in. land offices of the United States for the purchase at private
sale of a tract of land shall produce to the register a memorandum in writing, describing the tract, which he shall enter by the proper number of the section, half-section, quartersection, half quarter-section, or quarter quarter-section, as the case may be, and of the township and range, subscribing his name thereto, which memorandum the register shall file and preserve in his office.
2 Stat. 556; R. S. 2355. 3 Op. Att. Gen. 240. Decisions Sec. Int., March 8, 1852; July 29, 1879; Aug. 9, 1879. Decision Com. G.
L. O., Dec. 20, 1858. Highest bidder, SEC. 160. Where two or more persons apply for the purwhen preferred in private sales. chase, at private sale, of the same tract, at the same time,
the register shall determine the preference, by forth with offering the tract to the highest bidder.
3 Stat. 567 ; R. S. 2365. 3 Op. Att. Gen. 240, 248. Minimum price, SEC. 161. 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. Wolsey et al. v. Chapman, S. C., Oct. T.,
1879, in manuscript. 3 Op. Att. Gen. 274; 10 id. 359.
SEC. 162. Wherever lands in California subject to private fornia subject to private entry and entry have been or are hereafter withdrawn from market withdrawn, how for any cause, such lands shall not thereafter be held subentry. ject to private entry until they have first been open for at
least ninety days to homestead and pre-emption settlers, and again offered at public sale.
16 Stat. 304; 18 id. 497 ; R. S. 2367.
SEC. 163. The gold coins of Great Britain and other forin pay ment for public eign coins shall be received in all payments on account of lands.
public lands, at the value estimated annually by the Director of the Mint, and proclaimed by the Secretary of the Treasury, in accordance with the provisions of section thirtyfive hundred and sixty-four of the Revised Statutes, Title, “The Coinage."
3 Stat. 779; 11 id. 163 ; R. S. 2366.
Lands in Cali.
What coins re
ents for lands.
SEC. 164. In every case of a purchaser of public lands, at Mistakes in enprivate sale, having entered at the land office a tract differ. try of lands, pro
vigions ent from that he intended to purchase, and being desirous of having the error in his entry corrected, he shall make his application for that purpose to the register of the land office; and if it appears from testimony satisfactory to the register and receiver, that an error in the entry has been made, and that the same was occasioned by original incorrect marks made by the surveyor, or by the obliteration or change of the original marks and numbers at corners of the tract of land, or that it has in any otherwise arisen from mistake or error of the surveyor, or officers of the land office, the register and receiver shall report the case, with the testimony, and their opinion thereon, to the Secretary of the Interior, who is authorized to direct that the purchaser is at liberty to withdraw the entry so erroneously made, and that the moneys which have been paid shall be applied in the purchase of other lands in the same district, or credited in the payment for other lands which have been purchased at the same office.
3 Stat. 526; R. S. 2369. Decisions Sec. Int., Jan. 28, 1850; Dec. 31,
1855; June 3, 1879. Decisions Com. G. L. O., April 22, 1856; May
Jan. 19, 1854; April 30, 1867. SEC. 165. The provisions of the preceding section are de- Mistakes in patclared to extend to all cases where patents have issued or may hereafter issue; upon condition, however, that the party concerned surrenders his patent to the Commissioner of the General Land Office, with a relinquishment of title thereon, executed in a form to be prescribed by the Secretary of the Interior.
4 Stat. 301 ; R. S. 2370. SEC. 166. The provisions of the two preceding sections Mistakes in loare made applicable in all respects to errors in the location Cation of warof land warrants.
10 Stat. 257 ; R. S. 2371. Colder v. Keegan, 30 Wis. 126; Ainsley v. Paterson, 30 id. 653; Faush v. Coon, 40 Cal. 33. Cir. G. L. 0.,
April 20, 1853. SEC. 167. In all cases of an entry hereafter made, of a tract Error in entry
by of land not intended to be entered, by a mistake of the true
numbers; pro numbers of the tract intended to be entered, where the tract, ceedings upon. thus erroneously entered, does not, in quantity, exceed oné half-section, and where the certificate of the original purchaser has not been assigned, or his right in any way transferred, the purchaser, or, in case of his death, the legal representatives, not being assignees or transferees, may, in any case coming within the provisions of this section, file his own affidavit, with such additional evidence as can be procured, showing the mistake of the numbers of the tract intended to be entered, and that every reasonable precaution and exertion had been used to avoid the error, with the register and receiver of the land district within which such tract of land is situated, who shall transmit the evidence submitted to them in each case, together with their written opinion, both as to the existence of the mistake and the
credibility of each person testifying thereto, to the Commissioner of the General Land Office, who, if he be entirely satisfied that the mistake has been made, and that every reasonable precaution and exertion had been made to avoid it, is authorized to change the entry, and transfer the pay. ment from the tract erroneously entered, to that intended to be entered, if unsold; but, if sold, to any other tract liable to entry; but the oath of the person interested shall in no case be deemed sufficient, in the absence of other corroborating testimony, to authorize any such change of entry; nor shall anything herein contained affect the right of third persons.
4 Stat. 31; R. S. 2372. Bellows v. Todd, 34 Iowa, 18. Agreement and
SEC. 168. Every person who, before or at the time of the acts intended to prevent bids ; public sale of any of the lands of the United States, barpenalty.
gains, contracts, or agrees, or attempts to bargain, contract, or agree with any other person, that the last-named person shall not bid upon or purchase the land so offered for sale, or any parcel thereof, or who by intimidation, combination, or unfair management, hinders or prevents, or attempts to hinder or prevent, any person from bidding upon or purchasing any tract of land so offered for sale, shall be fined not more than one thousand dollars, or imprisoned not more than two years, or both.
4 Stat. 392; R. S. 2373. Oliver v. Piatt, 3 How. 333; Fackler v.
Ford et al., 24 id. 322; Easley v. Kellom et al., 14 Wall. 279. Stan
nard r. McCarthy, Morris (Iowa) 124. Agreements to SEC. 169. If any person before, or at the time of the pubpay premium to purchasers at lic sale of any of the lands of the United States, enters public sales.
into any contract, bargain, agreement, or secret understanding with any other person, proposing to purchase such land, to pay or give to such purchasers for such land a sum of money or other article of property over and above the price at which the land is bid off by such purchasers, every such contract, bargain, agreement, or secret under standing, and every bond, obligation, or writing of any kind whatsoever, founded upon or growing out of the same, shall be utterly null and void.
4 Stat. 392; R. S. 2374. Oliver v. Piatt, 3 How. 333; Fackler v.
Ford et al., 24 id. 322; Easley v. Kellom et al., 14 Wall. 279. Wright
v. Shumway, 1 Bissell, C. Č. 23. Recovery of pre
SEC. 170. Every person being a party to such contract, miums paid to bargain, agreement, or secret understanding, who pays to public sales. such purchaser any sum of money or other article of value,
over and above the purchase money of such land, may sue for and recover such excess from such purchaser in any court having jurisdiction of the same.
4 Stat. 392; R. S. 2375. Root v. Shields, 1 Woolw. C. C. 340. Ellis
v. Mosier, Green (Iowa), 246. Discovery of
SEC. 171. If the party aggrieved have no legal evidence of agreements to such contract, bargain, agreement, or secret understanding, pay premium bili in equity.
or of the payment of the excess, he may, by bill in equity, compel such purchaser to make discovery thereof; and if in such case the complainant shall ask for relief, the court in which the bill is pending may proceed to final decree between
the parties to the same; but every such suit either in law or equity shall be commenced within six years next after the sale of such land by the United States.
4 Stat. 392; R. S. 2376. Guh v. Cutter, Burnett (Wis.) 92; 1 Pin
ney (Wis.) 253. Root v. Shields, 1 Woolw. C. C. 340. SEC. 172. In no case shall more than three sections of Limitation of
entries by agri. public lands be entered at private entry in any one town-cultural college ship by scrip issued to any Štate under the act approved scrip. July two, eighteen hundred and sixty-two, for the establishment of an agricultural college therein.
15 Stat. 227; R. S. 2377. Cir. G. L. O., July 20, 1875. SEC. 173. Whenever it shall be shown to the satisfaction Sale of saline of the Commissioner of the General Land Office, by testi- lands. mony taken before the register and receiver in any land district, that any of the lands within their district are saline in character, and not subject to sale under the general land laws, such lands shall be offered for sale at public auction at the local land office of the district, in which they are situated, under regulations to be prescribed by the Commissioner, and sold to the highest bidder for cash, at a price not less than one dollar and twenty-five cents per acre; and in case said lands are not sold when so offered, they shall be subject to private sale at such land office, for cash, at a price not less than one dollar and twenty-five cents per acre, in the same manner as other public lands of the United States are sold: Provided, That this section shall not apply to any State or Territory to which a grant of salines has not been made by Congress, nor to any State or Territory to which such a grant has been made but which remains unsatisfied; and the patents issued for said lands shall be in the form of, and shall only operate as, a release and quitclaim of such'title as the United States has in such lands.
19 Stat. 221. Delauriere v. Emison, 15 How. 525; Morton v. Ne
braska, 21 Wall. 660.
Sec. 174. Lands subject to pre-emption. 195. Purchase by private entry after ex175. Lands not subject to pre-emption.
piration of pre-emption right. 176. Persons entitled to pre-emption. 196. When more than one settler, rights 177. Persons not entitled to pre-emption.
of appeal to Commissioner and Seç178. Limitation of pre-emption right.
retary of Interior. 179. Oath of pre-emptionist, where filed; 197. Settlements of two or more persons on penalty.
same subdivision before survey. 180. Notice of intention to make final 198. Settlements before survey on sections proof.
16 and 36, deficiencies therefor. 181. Publication of notice of entry.
199. Selections to supply deficiencies of 182. Proof of settlement; assignment of
school lands. pre-emption rights.
200. Military bounty-land warrants re. 183. Claim filed by settler on land not pro
ceivable for pre-emption payments. claimed for sale.
201. Agricultural-college scrip receivable 184. Statement to be filed by settler with in payment of pre-emptions.
intent to purchase, on lands sub- 202. Pre-emption limit along railroad ject to private entry.
lines. 185. Declaratory statement of settlers on 203. Pre-emption rights on lands reserved unsurveyed lands, when filed.
for grants found invalid. 186. Pre-emption claimants; time of mak- 204. Pre-emption rights on lands reserved ing proof and payment.
for railroads. 187. Lands relinquished by pre-emptors, 205. Right of additional location by presubject to entry at once.
emptors within limits of forfeited 188. Party contesting pre-emption entry railroad grants.
to be allowed thirty days after no- 206. Confirmation of pre-emption entries tice of cancellation to make entry.
within railroad limits made prior 189. Publication of notice of contest in
to receipt of notice of withdrawal pre-emption cases.
at local office. 190. Extension of time in certain cases to 207. Lands within railroad grants re-enpersons in military and naval serv
tered after abandonment.
208. Entries made after expiration of land 191. Death before consummating claim ;
grants. who to complete, &c.
209. Where claimant of entry becomes 192. Entries of insane persons confirmed register or receiver. in certain cases.
210. Right of transfer of settlers under 193. Non-compliance with laws caused by homestead and pre-emption laws vacancy in office of register or re
for certain public purposes. ceiver not to affect, &c.
211. Public sales of land not to be delayed 194. No pre-emption of lands sold but not by pre-emption claims.
confirmed by General Land Office.
Lands subject SEC. 174. All lands belonging to the United States, to to pre-emption. which the Indian title has been or may hereafter be extin
guished, shall be subject to the right of pre-emption, under the conditions, restrictions, and stipulations provided by. law.
12 Stat. 413; 18 id. 18, 334; 19 id. 35; R. S. 2257. Minnesota v.
Bachelder, 1 Wall. 109; Hughes v. U. S., 4 id. 232; Hutchings v. Low, 15 id. 77 ; Shepley v. Cowan, 1 Otto, 330; Atherton v. Fowler, 6 id. 513; Hosmer v. Wallace, 7 'id. 575 ; Trenouth v. San Francisco, 10 id. 251. Russell v. Beebe, 1 Hemp. C. C. 704 ; Gimnıy.. Culverson, 5 Saw. C. C. 605; Hummell v. Railway Co., 3 Dillon C. C. 313. 3 Op. Att. Gen. 106, 697 ; 5 id. 7; 11 id. 490. Terry v. Megerle, 24 Cal. 609; Hastings v. McGrogin, 27 id. 85; Robinson
v. Forrest, 29 id. 317; People v. Shearer, 30 id. 685; Mahoney v. 68