Abbildungen der Seite

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
Stetes wholl not be
of the Interior.

10 Stat. 634, 635; R. S. 2482. Notice of com. SEC. 25. He shall notify the governors of the States of pleted surveys in Minnesota and Oregon when public land surveys have Minnesota and 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 monoys 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 sball act as the Secretary of ant Secretary.

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 thos mineral lands.

rom 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. tions.

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 Terripublish proclamations 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.




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.

57. Commissioner may order certain lands 38. Commissioner to perform duties of

into market without Presidential surveyor-general when surveying

proclamation. district is discontinued. 39. Appeals from decisions of district

| 58. Commissioner may reissue patents on land officers and Commissioner in

entries confirmed by board of equipre-emption contests.

table adjudication. 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

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 deemed

| 65. Fee-simple to pass in all grants of land

65. Fee-sir 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.

69. Patents, how executed. 48. Commissioner shall issue instructions

70. Principal clerks of public lands and for surveys under deposit system.

private land claims. 49. Commissioner may allow augmented rates for surveys of forests, &c., in

71. Officers, clerks, and employés of Gen

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

patents. tory.

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.


Commissioner SEC. 31. There shall be in the Department of the Inte

of General rior a Commissioner of the General Land Office, who shall Land Office.

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. Duties of Com- 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 anywise 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. Š. 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. Anionett, 4 id. 364; Foley v. Harrison, 5 id. 75; Gurdry v. Wood, 19 id. 234; Lamont v. Stinson, 3 Wis. 545; Fremont Co. v. R. Ř. 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. Kohữburg 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 rec. ords, books, papers, and other property appertaining to the office.

2 Stat. 717 ; R. S. 454. Plats of lands 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 lands.

ve to 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 Comp. troller 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


counts relative to

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 Gov. ernment, 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,
19 id. 356; Boyd v. Stambaugh, 34 id. 348; Ansley v. Peterson, 30
Wis. 653; McLean v. Bovee, 35'id. 27 ; Kelly v. Wallace, 14 Minn.
336; Washburn v. Mendenhall, 21 id. 332; Barton v. Murrain, 27
Mo. 235; Railroad Co. v. Moore, 37 id. 338; Stephen v. Westwood,
25 Ala. 716; Smith v. Mosier, 5 Blackf. (Ind.) 51. Cir. G. L. O.,

July 20, 1875.
SEC. 37. That public lands situated in States in which Entry of lands

States where there are no land offices may be entered at the General there are 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 sur

ies in relation to the sun to perform duties 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

ion in contested to the Commissioner of the General Land Office, whose de-pre-emption cision shall be final, unless appeal therefrom be taken to the ca 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 ó. 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

of entry becomes pre-emption laws, have, subsequent to the date of filing their register or re applications to enter not exceeding one quarter-section of ceiver.


missioner's decis.


late costs of sur



public lands, been appointed a register or receiver of the land office of the district in which the lands are located, proof and payment must be made to the satisfaction of the Commissioner of the General Land Office.

17 Stat. 10; R. S. 2287. 4 Op. Att. Gen. 223; 7 id. 647. Power to roguSEC. 41. The Commissioner of the General Land Office voy and publica- shall have power to establish the maximum charges for surtion in mineral veys and the publication of notices under the mineral laws;

and in case of excessive charges for publication he may 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. Commissioner SEC. 42. Whenever any reservation of public lands is to fix minimum price of reserva- brought into market, the Commissioner of the General Land tion restored to 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. 2:364. Correction of SEC. 43. In case of mistakes in description, the CommisScription lins an sioner is authorized, upon prescribed proof, to correct entries

of public lands, where the same do not exceed one half-section, and where the certificate has not been assigned.

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 contract for sur- deemed part of every contract for surveying the public lands. veying

. 12 Stat. 409; R. S. 2399. Price of sur. SEC. 47. Subject to the statutory maximum, he shall fix veys, how fixed. the price per mile for public surveys, and he shall instruct 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 surveys upon de survey of 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

ed 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 dollars per mile for standard parallels, fifteen dollars for townships, and twelve dollars for section lines.

16 Stat. 304, 305 ; R. S. 2404. Decision Sec. Int., June 16, 1879.


deemed part of

Accounts of



of lands covered

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