505. Public sales of lands. Reservations. Remaining lands to be subject to private entry. Patents. 506. Sales of lands in eastern district of Orleans. 507. Public sales. Private sales. Preference to be given to first occupant. Lands claimed, to be reserved. 508. Sales of lands in Louisiana. Private sales. Reservations. Patents. 509. Reserved lands at Fort Jackson to be sold. 510. Pre-emption rights to settlers prior to 1830. X. MISCELLANEOUS PROVISIONS. 511. Rivers to be public highways. 512. Registers and receivers to decide between conflicting claims. H. LANDS IN THE MISSOURI TERRITORY. 513. Rights to town-lots and out-lots confirmed to inhabitants of certain towns. Duty of surveyor. 516. Duties of recorder of land titles. Certificates to be issued Limitation. Fees of witnesses. British grants not to be considered to parties. Patents. 517. Owners of lots to prove their claims. 518. Claims to be surveyed. 519. Certificates of confirmation to issue. 520. Extended to Mine à Burton. II. SURVEY OF LANDS. 521. Townships to be surveyed. And claims. Plat. III. ASCERTAINMENT OF CLAIMS. 522. How locality of claims to be ascertained. 523. Settlers to register their claims. And record evidence of title. In default to be barred. 524. Recorder to have the same powers as the board of commissioners. 525. Time for exhibiting evidence of title extended. Written evidence to be recorded. 526. Recorder's powers and duties. Division 527. Claims to be reported. And laid before congress. 528. Donation claimants to receive grants of lands. between interfering claims. Certificates of confirmation to issue. Patents. 529. How claims to be surveyed. Division between interfering claims. Certificates of confirmation to issue. Patents. 530. Rejected claims to be sold. Settlers to have right of preemption. 531. Decisions in favor of claimants confirmed. unless owned by citizens. 597. Claims of actual settlers to be examined. Donations of land. Location. Claims founded on habitation and cultivation 532. No title to pass for land previously located or sold. Claim to be reported to congress. ants may enter other lands. 533. Certificates to be issued to parties. Patents. IV. LANDS IN LOUISIANA AND MISSOURI. 534. Incomplete French and Spanish grants confirmed. Exceptions. Rights of third persons not to be affected. 535. Certain donation claims confirmed. 536. Surveys of confirmed claims. Certificates of confirmation to issue. Patents. 537. Duties of surveyor. 549. Donations to actual settlers on Cherokee lands. 550. Proof to be made before the register. VII. PRE-EMPTION RIGHTS. 501. Actual settlers to have right of pre-emption. 552. Pre-emption right to adjoining fractions. 553. Decisions between interfering claims. 594. Rights of third persons preserved. 555. Settlers on reserved lands to be entitled to pre-emption. Other lands to be selected and reserved. 556. Pre-emptioners may enter lands in Lawrence district. 557. Claimants to deliver notice to register. Limitation. 558. Pre-emption granted to purchasers from Missouri in Platts burg district. VIII. SUITS BY CLAIMANTS. IV. PRE-EMPTION RIGHTS. 598. Actual settlers prior to 1825, to be entitled to pre-emption. Conditions. 599. Settlers on fractions to have pre-emption of adjoining land. 602. Surveyor. His powers and duties. Deputies. Residence. 564. Copy of final decree to be certified. Survey thereon. to one year. Patent. 565. Claims rejected or barred to be public lands. 566. Security for costs. Fees. When petitioners to pay costs. 567. When decision to be reported to the attorney-general. His Anties. 629. Part of act of 1850 repealed. 630. Pre-emption law of 1841 extended to Oregon and Washing. ton; whether lands be surveyed or not. When donation rights to be forfeited. Time for giving notice extended. 631. Orphans of settlers to have donations. Rights to descend. III. SALES OF LANDS. 632. Lands west of the Cascade Mountains to be sold. IV. MISCELLANEOUS PROVISIONS. 633. Grants for universities. 634. Registers and receivers to be appointed for Oregon and Washington. L. LANDS IN NEW MEXICO. KANSAS, NEBRASKA AND UTAII. I. LANDS IN NEW MEXICO. 635. Surveyor-general. 636. Donations to actual settlers, &c. How located. 637. Patents to issue on proof of settlement, &c. Rights to descend. 638. Reservations. Pre-emption of town sites, &c. 639. School lands 25 April 18121. 2 Stat. 716. blished. 610. Grant for university. 641. Pre-emption act of 1841 extended. 642. Spanish and Mexican claims to be ascertained and reported. And laid before congress. 643. Rules and regulations. II. LANDS IN KANSAS AND NEBRASKA. 644. Surveyor-general. 645. How surveys to be made. 646. Lands to be subject to pre-emption. 647. Land districts. Registers and receivers. Land sales. 648. Additional land districts in Nebraska. 649. And in Kansas. III. LANDS IN UTAH. 650. Surveyor-general. 653. Rules and regulations. A. OF THE GENERAL LAND OFFICE. I. COMMISSIONER OF THE LAND OFFICE. 1. There shall be established in the department of the treasury (a) an office, to be denominated the general land office; the chief officer of which shall be called the comLand office esta missioner of the general land office, whose duty it shall be, under the direction of the head of the department, (b) to superintend, execute and perform all such acts and things, Commissioner. touching or respecting the public lands of the United States, and other lands patented or granted by the United States, as have heretofore been directed by law to be done or performed in the office of the secretary of state, of the secretary and register of the treasury and of the secretary of war, or which shall hereafter by law be assigned to the said office. 2. The said principal officer, and every other person to be appointed and employed in the said office, shall, before he enters on the duties of his office or appointment, take an oath or affirmation, truly and faithfully to execute the trust committed to him. 3. The said commissioner shall cause a seal of office to be made and provided for the said office, with such device as the president of the United States shall approve; and copies of any records, books or papers, belonging to the said office, under the signature of the said commissioner, or, when the office shall be vacant, under the signature of the Copies of records chief clerk, and the said seal, shall be competent evidence in all cases in which the original records, books or papers could be evidence. to be evidence. Ibid. 25. What records to be kept in the land office. Ibid. 26. To give informa 4. The said commissioner shall, forthwith, after his appointment, be entitled to the custody, and shall take charge of the said seal, and also of all records, books and papers, remaining in the offices of the secretary of state, of the secretary and register of the treasury and of the secretary of war, touching or concerning the public lands of the United States; and the said records, books and papers shall become and be deemed the records, books and papers of the said office. 5. The said commissioner shall, when required by the president of the United States, or either house of congress, make a plat of any land surveyed under the authority of the tion to the presi- United States, and give such information respecting the public lands, and concerning dent and to con- the business of his office, as shall be directed. gress. Ibid. 9. Returns to be 6. All returns relative to the public lands, heretofore directed to be made to the secretary of the treasury, shall hereafter be made to the said commissioner, who shall have made to commis power to audit and settle all public accounts relative to the public lands: Provided, That it shall be the duty of the said commissioner, upon the settlement of any such account. to certify the balance, and transmit the account with the vouchers and certificate to the comptroller of the treasury, for his examination and decision thereon. sioner. Settlement of accounts. Ibid. 11. How appointed. 7. The commissioner of the said land office shall be appointed by the president of the United States, by and with the advice and consent of the senate; and shall receive an annual salary, equal to the salary of the auditor of the treasury, (c) payable quarterly ; [and the sum of two thousand two hundred and fifty dollars is hereby appropriated for the said compensation, during the year 1812, to be paid out of any moneys in the treaFranking privi sury not otherwise appropriated;] and the said commissioner shall have the same privilege with the comptroller of the treasury, of sending and receiving letters and packages, and also final certificates and patents for land, free of postage.(d) lege. 4 July 1836 1. 5 Stat. 107. His executive duties. 8. The executive duties now prescribed, or which may hereafter be prescribed by law, 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 land, and the issuing of patents for all grants of land under the authority of the government of the United States, shall be subject to the supervision and control of the commis (a) By act 3 March 1849, the secretary of the interior is to perform all the duties in relation to the general land office, of supervision and appeal, theretofore discharged by the secretary of the treasury. See tit.Interior Department," 3. (b) See 3 Opin. 137. (c) See infra, 22. (d) See act 3 March 1845, in reference to franking. 5 Stat. 734. sioner of the general land office, under the direction of the president of the United States. (a) 4 July 1836. Ibid. 27. 9. It shall be the duty of the commissioner to cause to be prepared, and to certify, under the seal of the general land office, such copies of records, books and papers on file To certify copies in his office, as may be applied for, to be used in evidence in courts of justice.(b) of records, &c. II. OFFICERS OF THE LAND OFFICE. 2 Stat. 716. 10. [There shall be in the said office, an inferior officer, to be appointed by the said 25 April 1812 ¿ 2 principal officer, to be employed therein as he shall deem proper, and to be called the chief clerk of the general land office; who, in all cases, when the said principal office Chief clerk. shall become vacant, during such vacancy, shall have the charge and custody of the seal, and of all records, books and papers, belonging to the said office.] (c) 5 Stat. 109. interim. 11. There shall be appointed in said office, by the president, by and with the advice 4 July 1836 2. and consent of the senate, two subordinate officers, one of whom shall be called principal clerk of the public lands, and the other principal clerk on private land claims, who shall Principal clerk perform such duties as may be assigned to them by the commissioner of the general land office; and in case of vacancy in the office of the commissioner of the general land Who to act as office, or of the absence or sickness of the commissioner, the duties of said office shall commissioner ad devolve upon and be performed, ad interim, by the principal clerk of the public lands. 12. There shall be appointed by the president, by and with the advice and consent of the senate, an officer to be styled the principal clerk of the surveys, whose duty it Clerk of the surshall be to direct and superintend the making of surveys, the returns thereof, and all veys. matters relating thereto, which are done through the officers of the surveyor-general; and he shall perform such other duties as may be assigned to him by the commissioner of the general land office. Ibid. 3. Ibid. ? 4. 13. There shall be appointed by the president, by and with consent of the senate, a recorder of the general land office, whose duty it shall be, in pursuance of instructions Recorder. from the commissioner, to certify and affix the seal of the general land office to all patents for public lands, (d) and he shall attend to the correct engrossing, and recording and transmission of such patents. He shall prepare alphabetical indexes of the names of patentees, and of persons entitled to patents; and he shall prepare such copies and exemplifications of matters on file, or recorded in the general land office, as the commissioner may from time to time direct. 14. [There shall be appointed by the president, by and with the advice and consent Ibid. 25. of the senate, an officer to be called the solicitor of the general land office, with an solicitor. annual salary of two thousand dollars; whose duty it shall be to examine and present a report to the commissioner, of the state of facts in all cases referred by the commissioner to his attention which shall involve questions of law, or where the facts are in controversy between the agents of the government and individuals, or there are conflicting claims of parties before the department, with his opinion thereon; and also to advise the commissioner, when required thereto, on all questions growing out of the management of the public lands, or the title thereto, private land claims, Virginia military scrip, bounty lands and pre-emption claims; and to render such further professional services in the business of the department as may be required, and shall be connected with the discharge of the duties thereof.] (e) Ibid. 26. Secretary to sign 15. It shall be lawful for the president of the United States, by and with the advice and consent of the senate, to appoint a secretary, with a salary of fifteen hundred dollars per annum, whose duty it shall be, under the direction of the president, to sign patents." in his name, and for him, all patents for land sold or granted under the authority of the United States.(g) Ibid. 28. 16. Whenever the office of recorder shall become vacant, or in case of the sickness or absence of the recorder, the duties of his office shall be performed, ad interim, by the who to act as reprincipal clerk on private land claims. corder ad interim. 5 Stat. 662. 17. The office of solicitor of the general land office shall be, and the same is hereby, 12 June 1844 3 1. abolished; and all the duties heretofore by law required to be performed by the said solicitor shall hereafter be performed by the recorder, or by such other person or persons in the employ of the United States in said general land office, as the commissioner cf said general land office may from time to time direct. Office of solicitor abolished. Ibid. 22. 18. That the fifth section of the act entitled "An act to reorganize the general land office," and all other acts and parts of acts contrary to the provisions of this act, be, Repeal. and the same are hereby repealed. (a) Barnard's Heirs v. Ashley's Heirs, 18 How. 43. (b) See infra, 26–7. (c) This section appears to be supplied and repealed, by act 4 July 1836, infra, 11. (d) All patents emanating from the general land office, whether of land sold. or of lands in respect to which private claims are recognised by acts of congress, must be certified or countersigned by the recorder. 3 Opin. 167. And see Ibid. 140; and infra, 31. (e) See act 12 June 1844, (infra, 17-18), abolishing the office of solicitor of the general land office, and transferring its duties. (g) It is a sufficient compliance with this act for the engrossing clerks to write the name of the president to patents, and for the secretary thereafter to attest them by his signature. All the duties respecting the execution of patents, except the attestation, are ministerial, and may be performed either by the clerks or by the secretary. 3 Opin. 623. 26 Jan. 1848 1. 9 Stat. 209. tary. 19. If at any time the number of patents for lands sold or granted under the authority of the United States, shall be such that they cannot be signed in reasonable time Assistant secre- by the secretary appointed for that purpose under the sixth section of the above recited act; that, in that case, the president shall be, and he is hereby, authorized to appoint an assistant secretary, to sign the name, but the said assistant shall be employed by the express direction of the president, and only for such time as may be necessary to bring up the arrears of patents which may be ready for signature. (a) 25 April 1812 37. 2. Stat. 717. Bounty land warrants to be recorded in the land office. chase of public lands. III. REGULATIONS OF THE land office. 20. In all cases in which land has heretofore, or shall hereafter be given by the United States for military services, warrants shall be granted to the parties entitled to such land by the secretary of war; and such warrants shall be recorded in the said land office, in books to be kept for the purpose, and shall be located as is, or may be provided by law; and patents shall afterwards be issued accordingly. Ibid. 10. 21. No person appointed to an office instituted by this act, or employed in any such Officers not to be office, shall directly or indirectly be concerned in the purchase of any right, title or concerned in pur- interest in any public land, either in his own right or in trust for any other person, or in the name or right of any other person in trust for himself, nor shall take or receive any fee or emolument for negotiating or transacting the business of the office. And any person offending in the premises against the prohibitions of this act, shall forfeit and pay one hundred dollars; and, upon conviction, shall be removed from office. (b) Nor to receive Penalty. cers. 5 Stat. 111. 10. 22. The commissioner of the general land office shall be entitled to receive an annual salary of three thousand dollars; the recorder of the general land office, an annual Salaries of offi- salary of fifteen hundred dollars; the principal clerk of the surveys, an annual salary of eighteen hundred dollars; and each of the said principal clerks an annual salary of eighteen hundred dollars; from and after the date of their respective commissions; [and that the said commissioner be authorized to employ, for the service of the general land office, (c) one clerk, whose annual salary shall not exceed fifteen hundred dollars; four clerks, whose annual salary shall not exceed fourteen hundred dollars each; sixteen clerks, whose annual salary shall not exceed thirteen hundred dollars each; twenty clerks, whose annual salary shall not exceed twelve hundred dollars each; five clerks, whose annual salary shall not exceed eleven hundred dollars each; thirty-five clerks, whose annual salary shall not exceed one thousand dollars each;] one principal draughtsman, whose annual salary shall not exceed fifteen hundred dollars; one assistant draughtsman, whose annual salary shall not exceed twelve hundred dollars; two messengers, whose annual salary shall not exceed seven hundred dollars each; three assistant messengers, whose annual salary shall not exceed three hundred and fifty dollars each; and two packers, to make up packages of patents, blank forms, and other things necessary to be transmitted to the district land offices, at a salary of four hundred and fifty dollars each. What subordi nate officers to be employed. Ibid. 11. Repeal. Ibid. 12. Office hours. Ibid. 14. Officers concern 23. That such provisions of the act of the 25th of April, in the year 1812, entitled "An act for the establishment of a general land office in the department of the treasury," and of all acts amendatory thereof, as are inconsistent with the provisions of this act, be, and the same are hereby, repealed. 24. From the first day of the month of October, until the first day of the month of April, in each and every year, the general land office and all the bureaus and offices therein, as well as all those in the departments of the treasury, war, navy, state and general post office, shall be open for the transaction of the public business at least eight hours in each and every day, except Sundays and the twenty-fifth day of December; and from the first day of April, until the first day of October, in each year, all the aforesaid offices and bureaus shall be kept open for the transaction of the public business at least ten hours in each and every day, except Sundays and the fourth day of July. 25. All and every of the officers whose salaries are herein before provided for, are hereby prohibited from directly or indirectly purchasing, or in any way becoming ed in purchase of interested in the purchase of any of the public land; (d) and in case of a violation of this section by such officer, and on proof thereof being made to the president of the United States, such officer, so offending, shall be forthwith removed from office. public land, to be removed. 3 March 1843 1. 5 Stat. 627. 26. Literal exemplifications of any such records which have been or may be granted in virtue of the provisions of the 7th section of the act approved on the 4th day of July Exemplifications 1836, (e) entitled "An act to reorganize the general land office," shall be deemed and held to be of the same validity in all proceedings whether at law or in equity, wherein such exemplifications are adduced in evidence, as if the names of the officers signing and countersigning the same, had been fully inserted in such record. confirmed. (a) By act 3 March 1853, there are to be appointed in the office of the commissioner of the general land office, forty clerks of class one, forty of class two, twenty-three of class three, and three of class four. See tit. "Clerks," 10. (b) This section is partially re-enacted, infra, 25. (c) Part within brackets repealed by act 3 March 1853. See supra, 19, note (a). (d) See 4 Opin. 223. And act 10 May 1800 10; infra, 237. (e) See supra, 9. 27. Exemplifications granted in pursuance of the aforesaid section of the act aforesaid, 3 March 1843 § 2 of any warrant, survey, assignment and other evidences comprising the entire muniments Exemplifications of title, whereon any patent has been based for lands granted by the United States in the to be of equal validity with aforesaid Virginia military land district or elsewhere, shall be, and are hereby, declared originals. and held as of equal validity with the original patent, warrant, survey, assignment or other evidence of title, on file in said office. IV. PATENTS. 2 Stat. 717. 28. All patents issuing from the said office shall be issued in the name of the United 25 April 1812 8 8. States,(a) and under the scal of the said office, and be signed by the president of the United States, (b) and countersigned by the commissioner of the said office; (c) and shall Patents. be recorded in the said office in books to be kept for the purpose. 5 Stat. 31. 29. In all cases where patents for public lands have been or may hereafter be issued, 20 May 1836 g 1. in pursuance of any law of the United States, to a person who had died, or who shall hereafter die, before the date of such patent, the title to the land designated therein Patents to deshall inure to, and become vested in, the heirs, devisees or assignees of such deceased inure for benefit ceased persons to patentee, as if the patent had issued to the deceased person during life; (d) and the pro- of heirs, &c. visions of this act shall be construed to extend to patents for lands within the Virginia military district in the state of Ohio. & Stat. 416. validated. 30. All patents for public lands, which have been issued from the general land office 3 March 1841 % 1. since the passing of the act entitled "An act for the establishment of a general land office in the department of the treasury," passed on the 25th day of April 1812, in the Certain patents name of the president of the United States, instead of being "in the name of the United States," as prescribed in the eighth section of said act;` and all patents for public lands, which have been issued from the said general land office since the passing of the act entitled "An act to reorganize the general land office," passed the 4th day of July 1836, and which have been countersigned by the recorder of the general land office, or other person acting in his stead, instead of being countersigned by the commissioner of the general land office, as prescribed in the act of the 25th day of April 1812; and all patents which have been issued from said general land office since the passing of the act entitled "An act prescribing the mode by which patents for public lands shall be signed and executed," passed the 2d day of March 1833,(e) and which have been subscribed by a secretary duly appointed, pursuant to the provisions of said act, with the printed or written name of the president prefixed to the personal signature of such secretary, in the execution of such patents, notwithstanding the name of the president may not have been written personally by the secretary; shall be deemed, taken and held, good and valid patents in law, and shall have all the force and effect to pass from the United States to the patentee or patentees named in such patents, respectively, their heirs, executors, administrators and assigns, the lands described therein, as though, in each and all the respects before enumerated, the patents, in their form and manner of execution, had conformed to the requirements of law. Ibid. 22. countersigned by 31. It shall be the duty of the recorder of the general land office, in addition to the duties now required of him by law, to countersign all patents issued from said office, Patents to be instead of the same being countersigned by the commissioner, as required by the 8th the recorder. section of the act entitled “An act for the establishment of a general land office in the department of the treasury," passed the 25th day of April 1812. 10 Stat. 593. firmed claims. 32. In case of any claim to land in any state or territory which has heretofore been 22 Dec. 1854 2 1. confirmed by law, and in which no provision is made by the confirmatory statute for the issue of patents, it shall and may be lawful, where surveys for the land have been or To issue on conmay 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 said commissioner: Provided, That such patents shall only operate as a relin- Effect thereof. quishment of title on the part of the United States, and shall in no manner interfere with any valid adverse right, if such exist, 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. V. DISTRICT LAND OFFICES. 5 Stat. 384. 33. It shall be the duty of the secretary of the treasury to take all the necessary 12 June 1840 3 1. measures for the completion of the surveys, in the several districts for which surveyorsgeneral have been, or may be appointed, at the earliest periods compatible with the Surveys of ands to be completed. purposes contemplated by law; and whenever the surveys and records of any such dis (a) Where a patent for land is issued by the proper officers, the presumption is, that it is valid and passes the legal title; but this may be rebutted by proof that they had no authority to issue it, on account of the lands not being subject to entry and grant. Minter v. Crommelin, 18 low. 87. (b) See supra, 15 (c) Now by the recorder, see infra, 31. (e) 4 Stat. 66-3. The provisions of this act were re-enacted by act July 18366; supra, 15. |