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CHAPTER TWENTY.

PRIVATE LAND CLAIMS..

Sec.

Sec. 462. Patents to issue for claims heretofore

vate land claims which cannot be confirmed.

located. 463. Price of surveys, how fixed.

| 465. Issuance and location of judicial scrip 464. Certificates of location or scrip to is

in lien of confirmed private land sue in satisfaction of confirmed pri- |

claims.

Patents to issue SEC. 462. In case of any claim to land in any State or for claims hereto.

ato- Territory which has heretofore been confirmed by law, and fore confirmed.

in which no provision is made by the confirmatory statute for the issue of a patent, it may be lawful, where surveys for the land have been or may hereafter be made, to issue patents for the claims so confirmed, upon the presentation to the Commissioner of the General Land Office of plats of survey thereof, duly approved by the surveyor-general of any State or Territory, if the same be found correct by the Commissioner. But such patents shall only operate as a relinquishment of title on the part of the United States, and shall in no manner interfere with any valid adverse right to the same land, nor be construed to preclude a legal investigation and decision by the proper judicial tribunal between adverse claimants to the same land.

10 Stat. 599; R. S. 2447. Villalobos v. U.S., 10 How. 541 ; Stanford

r. Taylor, 18 id. 409; Ledoux v. Black et al., 18 id. 473; U. S. v.
Fossat, 20 id. 413; U.S. v. Fossat, 21 id. 445; Castro v. Hendricks,
23 id. 438; Ballance v. Forsyth, 24 id. 183; Greer 2. Mezes, 24 id.
268; Carondelet v. St. Louis, 1 Black, 119; Maguire v. Tyler et
al., 1 id. 195; U.S. v. Covilland, 1 id. 339; U. S. v. Sepulveda, 1
Wall. 104; Ú. S. v. Halleck, 1 id. 439; U. s. v. Vallejo, 1 id. 658;
U. S. v. Estudillo, 1 id. 710; U.S. v. Billings, 2 id. 444; Sutter's
case, 2 id. 562; U. S. v. Pacheco, 2 id. 587; Fossat case, 2 id. 649;
Dehon v. Bernal, 3 id. 774; U. Ś. 1. Armijo, 5 id. 444; Higueras o.
U.S., 5 id. 827; Alviso v. Ú. S., 8 id. 337; Maguire ú. Tyler, 8 id.
650 ; Lynch v. Berial, 9 id. 315; Henshaw v. Bissell, 18 id, 255;
Shepley et al. v. Cowan et al., 1 Otto, 330; Miller et al. v. Dale et
al., 2 id. 473; Tameling v. U.'S. F. & E. Čo., 3 id. 644; Van Rey-
negan v. Bolton, 5 id, 33; U. S. v. Throckmorton, 8 id. 61; Sny-
der v. Sickles, 8 id. 203. U. S. v. Garcia, 1 Saw. C. c. 383; Leroy
v. Jamison, 3'id. 369; U. S. v. Flint, 4 id. 42; U. S. v. Castro, 5 id.
625. 9 Op. Att. Gen. 397 ; 12 id. 116, 250; 14 id. 74, 624. Whitney
v. Nelson, 33 Wis. 365; Board of Com’rs v. Central &c. Co., 2
Colo. 628; Waterman v. Smith, 13 Cal. 373; Moore v. Wilkerson,
13 id. 478; Boggs v. Merced Mg. Co., 14 id. 279; Yount v. Howell,
14 id. 465; Mott v. Smith, 16 id. 534 ; Johnson v. Van Dyke, 20 id,
225; Mahoney v. Van Winkle, 21 id. 552; Thornton v. Mahoney.
24 id. 569; McGarrahan v. Maxwell, 27 id. 75; Treadway v. Sem-
ple, 28 id. 652; Seal r. Ford, 29 id. 104; Mahoney v. Van Winkle,
33 id. 448; Morrill v. Chapman, 35 id. 65; Bernal v. Lynch, 36 id.
135; Piper v. True, 36 id. 606; San José v. Uridias, 37 id. 339;
Moore v. Massini, 37 id. 432; Yates v. Smith, 38 id.' 60; Sabichi
V. Aguilar, 43 id. 285; Miller ». Dale, 44 id. 562; Chipley v.
Farns, 45 id. 527; San Diego 1. Allison, 46 id. 163; Cassidy
2. Carr, 48 id. 339; Morris 1. De Celis, 51 id. 55; Cabine
v. Lindell, 12 Mo. 184; McGill r. Somers, 15 id. 80; St. Louis

2. Tonly 21 id. 243; Schultz 1. Lindell, 24 id. 567; Maguire
V. Tyler, 25 id. 484 ; City of Carondelet 1. City of St. Louis,
29 id. 527; Maguire r. Tyler, 30 id. 202; McCune v. O'Fallon, 32
id. 13; Mitchell v. Handfield, 33 id. 431 ; Robins 1. Eckler, 36 id.
494 ; Vasquez r. Ewing, 42 id. 247; Elasgon 1. Lindell, 50'id. 60;
Metroyer 7. Larenandiere, 6 Rob. (La.) 139; Beatty 1. Michon, 9
La. Ann. 102. Decisions Sec. Int., Feb. 23, 1859 (1 Lester's L. L.
647); April 27, 1859 (1 id. 649); July 23, 1859 (1 id. 650); July 30,
1859' (1 id. 652); Aug. 10, 1859 (lid. 654); Sept. 1, 1859 (1 id. 657);
Sept. 6, 1870; July 31, 1971 (Copp's L. L. 5:29) ; Jan. 0, 1872 (id.
532); l'eb. 21, 1872 (id. 548); March 15, 1872 (id. 559); Sept. 2,
1872' (id. 567); March 21, 1873; May 21, 1873; (Copp's L.L. 567)
July 23, 1873 (id. 559); Feb. 28, 1874 (id. 607); March 17, 1874;
June 18, 1874 (Copp's L. L. 573), July 15, 1874 (id. 577); Aug. 15,
1874; Dec. 5, 1874 (Copp's L. L. 611); June 1, 1875 (2 Copp's L.
0.53); Feb. 4, 1876 (2 id. 182); April 22, 1876 (3 id. 23); Aug. 8,
1876 (3 id. 98); Aug. 17, 1876 (3id. 90); March 16, 1877 (4 id.
4); July 11, 1878; Aug. 9, 1878; Oct. 24, 1878; Dec. 19, 1878;
March 11, 1879; May 17, 1879, May 21, 1879 ; May 28, 1879;
June 9, 1879; April 27, 1880 (7 Ćopp's L. 6. 70); May 17, 1880 (Ý
id. 40). Decisions Com. G. ì. 0., Aug. 18, 1860 ; Feb: 10, 1868;
Nov. 13, 1868; Dec. 14, 1870; May 20, 1871; Aug. 23, 1871 ; July 9,
1872; Aug. 13, 1872; Nov 25, 1873; Nov. 3, 1874; Sept. 18, 1874
(Copp's L. L. 590); Feb. 12, 1875 (2' Copp's L. O. 101); March 20,
1875 (2 id. 12); July 19, 1875 (2 id. 52); Sept. 18, 1875 (2 id. 119);
Sept. 24, 1875 (2 id. 135); May 13, 1876; June 27, 1877; Feb. 21,
1878; April 13, 1878; Sept. 18, 1878; Nov. 11, 1878; Nov. 16, 1878;
March 21, 1879 (6 Copp's .. 0.78); March 27, 1879 (6 id. 127); July

14, 1879 (6 id. 78). SEC. 463. The Commissioner of the General Land Office Price of sur

Veys, how fixed. has power, and it shall be his duty, to fix the prices per veys mile for public surveys, which shall in no case exceed the maximum established by law; and, under instructions to be prepared by the Commissioner, an accurate account shall be kept by each surveyor-general of the cost of surveying and platting private land claims, to be reported to the General Land Office, with the map of such claim, and patents shall not issue for any such private claim until the cost of survey and platting has been paid into the Treasury by the claimant.

12 Stat. 409; 18 id. 304 ; R. S. 2400. (For authorities see Sec. 112.) SEC. 464. Where any private land claim was confirmed Certiticates of

obtoon andnud on location or scrip by Congress prior to June second, eighteen hundred and to is

to issue in satisfifty-eight, and the same, in whole or in part, has not been faction of con

firmed private located or satisfied, either for want of a specific location land claims which prior to such confirmation, or for any reason whatsoever, cannot be lo

cated. other than a discovery of fraud in such claim subsequent to such conurmation, it shall be the duty of the surveyor-general of the district in which such claim was situated, upon satisfactory proof that such claim has been so confirmed, and that the same, in whole or in part, remains unsatisfied, to issue to the claimant, or his legal representatives, certificates of location for a quantity of land equal to that so confirmed and unsatisfied, which certificates of location or scrip shall be subdivided according to the request of the confirmee or confirmees, and, as nearly as practicable, in conformity with the legal divisions and subdivisions of the public lands of the United States, and shall be assignable by deed or instrument of writing, according to the form and pursuant to regulations prescribed by the Commissioner of the General Land Office, so as to vest the asignee with all the rights of

the original owners of the scrip, including the right to locate

the United States subject to sale at private entry, at a price not exceeding one dollar and twenty-five cents per acre, and shall be received from actual settlers only in payment of pre-emption claims or in commutation of homestead claims, in the same manner and to the same extent as is now authorized by law in the case of military bounty-land warrants.

11 Stat. 294, 295 ; 20 id. 274, 275. (For authorities see Sec. 341.) Issuance and SEC. 465. Whenever, in cases prosecuted under the acts location of judi. E cial scrip'in' lieu of Congress of June twenty second, eighteen hundred and of confirmed pri- sixty, March second, eighteen hundred and sixty-seven, and vate land claims.

the first section of the act of June tenth, eighteen hundred and seventy-two, providing for the adjustment of private land claims in the States of Florida, Louisiana and Missouri, the validity of the claim has been, or shall be hereafter, recognized by the Supreme Court of the United States, and the court has decreed that the plaintiff or plaintiffs is or are entitled to enter a certain number of acres upon the public lands of the United States, subject to private entry at one dollar and twenty-five cents per acre, or to receive certificate of location for as much of the land, the title to which has been established as has been disposed of by the United States, certificate of location shall be issued by the Commissioner of the General Land Office, attested by the seal of said office, to be located as provided for in the sixth section of the aforesaid act of Congress of June twentysecond, eighteen hundred and sixty, or applied according to the provisions of this section; and said certificate of location or scrip shall be subdivided according to the request of the confirmee or confirmees, and, as nearly as practicable, in conformity with the legal divisions and subdivisions of the public lands of the United States, and shall be, and are hereby declared to be, assignable by deed or instrument of writing, according to the form and pursuant to regulations prescribed by the Commissioner of the General Land Office, so as to vest the assignee with all the rights of the original owners of the scrip, including the right to locate the scrip in his own name; such scrip shall be received from actual settlers only in payment of pre-emption claims or in commutation of homestead claims, in the same manner and to the same extent as is now authorized by law in the case of military bounty-land warrants.

12 Stat. 85, 86; 20 id. 274, 275. (For authorities see Sec. 342.) NOTE.- For acts providing for the adjustment of private land claims in the different States and Territories, see “Local and Temporary Laws," under the caption of each State and Territory,

CHAPTER TWENTY-ONE.

MISCELLANEOUS PROVISIONS RELATING TO THE PUBLIC LANDS.

Sec.

| Sec. 466. Cases of suspended entries of public 476. (Continued.)

lands and suspended pre-emption President authorized to remove inclaims.

truders. 467. Adjudications under above, how ap Mode of removal. proved.

Marshal, &c., authorized under in 468. Report of adjudications under pre

structions from the President to ceding sections.

oust intruders. 469. Decisions to be arranged into classes. | 477. Forging, counterfeiting, or passing 470. Patents to issue for lands in the first

military bounty-land warrants. class, and lands in the second class 478. Authentication of foreign records reto revert to the United States.

lating to lands. 471. Commissioner to order into market479. Perjury in oaths used in land offices. lands of second class.

480. Forgery of letters patent. 472. Patents surrendered and new ones 481. Forgery of bid, public record, &c. issued in certain cases.

482. Forging deed, power of attorney, &c. 473. Extent of foregoing provisions. 483. Having forged papers in possession. 474. Copies of records, &c., to be certified. 484. Dispossessed occupants of land to 475. Exemplifications valid without names

have remedies in certain cases. of officers signing and countersign 485. Connection of other railroads with ing.

Union Pacific, &c. 476. Lands of United States by whatso- | 486. Inter-state communication.

ever title acquired, not to be occu- | 487. Compensation of directors, &c., appied, possessed, or settled but with

pointed by the United States. Patconsent of United States.

ents for lands, when withheld. Titles of intruders forfeited.

SEC. 466. The Commissioner of the General Land Office Cases of susis authorized to decide upon principles of equity and justice, pab

of county and instino pended entries of as recognized in courts of equity, and in accordance with suspended pre

tion claims. regulations to be settled by the Secretary of the Interior, the em Attorney-General, and the Commissioner, conjointly, consistently with such principles, all cases of suspended entries of public lands and of suspended pre-emption land claims, and to adjudge in what cases patents shall issue upon the same.

9 Stat. 51; 10 id. 258; 11 id. 22; 18 id. 50; 19 id. 244; R. S. 2450.

14 Op. Átt. Gen. 636, 645. Décisions Sec. Iut., Dec. 27 (1 Lester's
L. L: 484); May 12,' 1859 (1 id. 486); May 26, 1859 (1 id. 488);
Aug. 12, 1859 (l'id. 487); Oct. 6, 1859 (1 id. 490); Dec. 2, 1859 (1 id.
491); May 19, 1871 (Copp's L. L. 753); Nov. 3, 1871 (id. 755); Nov.
13, 1872 (id. '755); March 31, 1873 (id. 755); April 11, 1876 (3
Copp's L. 0. 19), June 27, 1878 (5 id. 101), Dec. 5, 1878 (5 id.
146); May 28, 1860 (7 id. 91). Decision Com. G. L. O., Sept. 3,
1878'(5 Copp's L. 0.117). Rules and Regulations, Oct. 3, 1846 (í
Lester's L. L. 482); March 13, 1847 (1 id. 483); March 16, 1854 1

id. 484); April 25, 1877 (G. L. O. Rep. 1877, p. 100). SEC. 467. Every such adjudication shall be approved by Adjųdications

nder above, how the Secretary of the Interior and the Attorney-General, ap

, approved. acting as a board; and shall operate only to divest the United States of the title of the lands embraced thereby, without prejudice to the rights of conflicting claimants.

9 Stat. 51; 19 id. 244; R. S. 2451. 14 Op. Att. Gen. 636, 645. De

cisions Sec. Int., Aug. 12, 1859 (1 Lester's L. L. 487); June 27,
1878 (5 Copp's L. 0. 101). Rules and Regulations, Oct. 3, 1846
(1 Lester's L. L. 482); April 25, 1877 (G. L. 0. Rep. 1877, p. 100).
12 L 0

177

tions.

classes.

to order into mar

ond class.

Report of adju- SEC. 468. The Commissioner is directed to report to Condications under preceding soc-gress at the first session after any such adjudications have

been made a list of the same under the classes prescribed by law, with a statement of the principles upon which each class was determined.

9 Stat. 51; R. S. 2452. Decisions to be SEC. 469. The Commissioner shall arrange his decisions arranged into

into into two classes; the first class to embrace all such cases of

equity as may be finally confirmed by the board, and the second class to embrace ali such cases as the board reject and decide to be invalid.

9 Stat. 51; R. S. 2453. Rules and Regulations, Oct. 3, 1846 (1

Lester's L. L. 482); April 25, 1877 (G. L. 0. Rep. 1877, p. 100). Patents to issue SEC. 470. For all lands covered by claims which are placed for lands in the in the first class, patents shall issue to the claimants; and first class, and lands in second all lands embraced by claims placed in the second class shall class to revert to the United States.

eso ipso facto revert to, and become part of, the public domain.

9 Stat. 51; R. S. 2154. Commissioner SEO. 471. It may be lawful for the Commissioner of the ket lands of sec: General Land Office to order into market, after due notice,

without the formality and expense of a proclamation of the President, all lands of the second class, though heretofore unproclaimed and unoffered, and such other isolated or disconnected tracts or parcels of unoffered lands which, in his judgment, it would be proper to expose to sale in like manner. But public notice of at least thirty days shall be given by the land officers of the district in which such lands may be situated, pursuant to the directions of the Commissioner.

9 Stat. 51 ; R. S. 2455. 14 Op. Att. Gen. 636. Patents sur. SEC. 472. Where patents have been already issued on enrendered and now tries which are confirmed by the officers who are constituted ones issued in cer.

the board of adjudication, the Commissioner of the General Land Office, upon the canceling of the outstanding patent, is authorized to issue a new patent, on such confirmation, to the person who made the entry, his heirs or assigns.

10 Stat. 258; R. S. 2456. Extent of fore- SEC. 473. The preceding provisions from section four hun

ons. dred and sixty-six to section four hundred and seventy-two,

inclusive, shall be applicable to all cases of suspended entries and locations, which have arisen in the General Land Office since the twenty-sixth day of June, eighteen hundred and fifty-six, as well as to all cases of a similar kind which may hereafter occur, embracing as well locations under bounty-land warrants as ordinary entries or sales, including homestead entries and pre-emption locations or cases; where the law has been substantially complied with, and the error or informality arose from ignorance, accident, or mistake which is satisfactorily explained; and where the rights of no other claimant or pre-emptor are prejudiced, or where there is no adverse claim.

11 Stat. 22; R. S. 2457. Copies of rec. SEC. 474. The Commissioner of the General Land Office ords, &c., to be certified. shall cause to be prepared, and shall certify, under the seal

tain cases.

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