Bounty Lands-See Military and Revolutionary Bounty Land Warrants and Scrip
Cancellation, of Homestead Entry.

Timber Culture Entry

Cash Entry or Purchase.

Coal Lands

Commutation of Homestead Entries

Contest of Homestead Entries

Timber Culture Entries

Corners, How to Tell.

Manner of Establishing

Pre-emption Claims.

Desert Lands

Cultivation of Homesteads

Declaratory Statement-See Pre-emption and Soldiers' Homesteads

97

8, 102

Private lands are owned by private persons or corporations, the titles being derived from the General Government or from a Foreign Power. Titles derived from foreign governments are protected by treaty, and are either complete or inchoate. Complete titles need no further action on the part of the United States, whereas inchoate (incomplete) titles usually require examination, survey, and patent (a).

To distinguish them from government lands, the tracts donated to the several States by the United States, or obtained otherwise as in Texas, are called State lands (b), and are not subject to disposal under the land laws of the United States.

b. PUBLIC LANDS.

All lands owned by the United States are public lands, though usually those only are so termed which are for sale or other disposal by the Government under general laws (©). In this latter sense the term will be used throughout this book. The public lands are within the States of Alabama, Florida, Illinois, Indiana, Michigan, Mississippi, Ohio, Wisconsin, and all the States and Territories west of the Mississippi River, except Texas, Alaska, and the Indian Territory. In Ohio, Indiana, and Illinois, but little public land is to be found, and this is for sale at the General Land Office in Washington. The other public land States and Territories are divided into districts, in each of which is a land office with two officers in attendance, one called the Register, and the other the Receiver. These officers act as agents or salesmen for the Government, and if the sales made by them are approved by the Commissioner of the General Land Office, patents for the lands are issued to the purchasers. A list of all existing local land offices will be found in Chapter VII.

c. KINDS OF PUBLIC LANDS.

1. Agricultural Lands are those that will produce agricultural crops. These are disposed of under the Homestead, Preemption, and Timber Culture laws, and those relating to Public Sale and Private Entry. Grazing lands can be purchased at public sale and private entry (e).

(*) A land patent is the written document through which the United States transfers to a private party, corporation, or State, all its right and title in the land described. It is signed by the President, countersigned by the Recorder of the General Land Office, and sealed with the seal of that Office. It is the Government's deed. (b) For the purchase of State lands, see Chapter VI.

(0) Newhall v. Sanger, Land Owner, Vol. 3, p. 39.

(4) A law has just passed opening Alaska to limited settlement.

(0) Provided they are "offered," otherwise such lands are subject to entry as agricultural lands.

2. Desert Lands are such as will not produce crops without irrigation or an artificial supply of water. These lands, in the States of California, Oregon, and Nevada, and in the Territories of Washington, Idaho, Montana, Utah, Wyoming, Arizona, New Mexico, and Dakota, can be purchased under the Act of March 3, 1877. See Chapter VI.

3. Timber Lands are those not fit for cultivation, but valued for the timber growing upon them. The timber lands in California, Oregon, Nevada, and Washington Territory, are for sale under the law of June 3, 1878. See Chapter VI.

4. Stone Lands are those areas valued for the stone they contain, and are for sale under the same act of Congress as the Pacific Coast timber lands.

5. Coal Lands are the lands valued for the deposits of coal therein. They may be bought under the Coal Act of March 3, 1873. See Chapter VI.

6. Mineral Lands are those tracts which are more valuable for the metals or other min

erals they embrace than for agricultural purposes. These lands may be secured under the mining laws, except coal and stone lands, which are sold under separate acts of Congress. See Chapter VI.

7. Saline Lands are lands whereon salt springs are found. The act of January 12, 1877. under which salines can be bought, is very restricted in its operations. It does not apply to any lands in the Territories, nor within the States of Mississippi, Louisiana, Florida, California, and Nevada. See Chapter VI.

These are the several classes of public lands recognized by and for sale under the laws of Congress. They cannot be sold under any state law, and state courts have no authority on the question of title to them until after a patent has issued. They cannot be taxed, though the settler's improvements thereon, having the character of personalty, may be. The settler should not delay securing his patent because he wishes to save taxes. There is too much risk of losing all his improvements by some other party seeking title to the same tract of land.

II. Several Terms Explained.

The following expressions are often used :

a. PUBLIC SALE.

A public sale of lands is an auction sale. When large bodies of land are to be sold, a proclamation is issued in the President's name, describing the tracts and stating the time and place of sale. When only a few isolated tracts of land, not embraced in the regular proclamations, are to be disposed of, a notice to that effect is published in a newspaper in the vicinity.

The land is sold to the highest bidder for cash only, which must be paid on the same day. There are few public sales at the present time, as the policy of the Government is to encourage pre-emption and homestead settlement and timber culture. A man who buys land at public sale is not compelled to settle on or cultivate it.

b. PRIVATE SALE, PRIVATE ENTRY, AND LOCATION.

These three terms mean nearly the same. Where lands are offered at Public Sale and nobody bids for them, they may be bought at any time thereafter at the local land office, if not 1 withdrawn in the meantime from market or reserved for some purpose. This is called a private sale or entry, or when the tract is paid for by a Warrant or Land Scrip it is called a location. In case a tract is withdrawn from market in consequence of an entry afterwards cancelled for any reason, or through erroneous marks on the books of the district office, it is not again sub ject to private entry until restored by public notice of at least thirty days.

c. OFFERED AND UNOFFERED LANDS.

Offered lands, as may be supposed from the previous statements, are those that have been advertised or proclaimed for sale, but which were not then sold. If not withdrawn or reserved, they remain open to private entry or location.

Unoffered lands are such as were never offered.