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CHAPTER SEVENTEEN.

REPAYMENTS OF PURCHASE MONEY.

I Sec.

Sec. 429. Purchase money refunded where sale | 432. Purchase money, fees, and commiscannot be confirmed.

sions on erroneous entries, or where 430. Refunding in certain cases, how done.

sales cannot be confirmed. 431. Repayments on void soldiers' addi- | 433. Regulations for repayments. Wartional homestead locations.

rants on Treasury for same.

Purchase money SEC. 429. The Secretary of the Interior is authorized, upon
refunded where
olunuwuere proof being made, to his satisfaction, that any tract of land
confirmed. has been erroneously sold by the United States, so that from

any cause the sale cannot be confirixed, to repay to the pur-
chaser, 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
(1 id. 676); March 25, 1859 (l'id. 677); June 25, 1859 (í id. 677); Aug.
9, 1859 (i 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. 96): 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, In-
structions, 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 (lid. 670); Aug. 7, 1878 (5 Copp's L. 0. 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, hon

98, how sold, as described in the preceding section, and the mouey done.

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 hom

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

, fees, and com

where sales can

rior 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 heretofore or shall hereafter be canceled for conflict, or roneous entriesor where, from any cause, the entry has been erroneously al- not be 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 same 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 manner 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-ves 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).

repayments; warrants on

same.

CHAPTER EIGHTEEN.

RESERVATIONS.

| Sec.

Sec.
434. Reservations in Florida, how sold. 437. Reservations, how surveyed.
435. Sale of military sites under general | 438. Sale of buildings belonging to United
laws prohibited; proviso as to

States.
Florida.

439. Sale of lands with buildings. 436. Minimum price, how fixed, when res

ervations are sold.

Reservations in SEC. 434. All public lands heretofore reserved for milia, 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 man

ner and under the same regulations as other public lands of Proviso. 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 sites under gen. 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 Florida.

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 Comm

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

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 þuild. SEC. 438. The Secretary of the Interior is authorized to ings belonging to 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.

how survered.

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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 Sale of lands

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.

CHAPTER NINETEEN.

EASEMENTS.

Sec.

Soc. 440. Navigable rivers public highways.450. Private lands and possessory claims,

Streams not navigable, banks of. I how condemned. 441. Right of way for highways over pub 451. Profile of road claiming benefits. lic lands.

when to be filed. Disposal of land's 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.

. 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 right's 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 watercañon, 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 ways.

Streams not highways; and, in all cases where the opposite banks of any navigable, banks streams not navigable belong to different persons, the stream of.

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 public lands. 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 no&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 the Government.

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, session and en. 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

ed for right of nlwomnanta ham the night of

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