4 Stat. 503.

quarter-sections

129. All the public lands of the United States, when offered at private sale, may be 5 April 1832 2 1. purchased at the option of the purchaser, either in entire sections, half-sections, quartersections, half-quarter-sections or quarter-quarter-sections; (a) and in every case of a Sales of quarterdivision of a half-quarter-section, the line for the division thereof shall run east and authorized. west, and the corners and contents of quarter-quarter-sections, which may thereafter be sold, shall be ascertained as nearly as may be, in the manner, and on the principles, directed and prescribed by the second section of an act entitled "An act concerning the How divided. mode of surveying the public lands of the United States," passed on the 11th day of February 1805; and fractional sections, containing fewer or more than one hundred and sixty acres, shall in like manner, as nearly as may be practicable, be subdivided into quarter-quarter-sections, under such rules and regulations as may be prescribed by the secretary of the treasury: Provided, That this act shall not be construed to alter any special provision made by law for the sale of land in town lots.(b)

4 Stat. 702.

130. The public lands which shall be exposed to public sale by order of the president 28 June 1834 ? 1. of the United States, shall be advertised for a period of not less than three nor more than six months prior to the day of sale, anything in any law heretofore enacted to Public sales, how the contrary notwithstanding.

advertised.

5 Stat. 73

131. In all cases where public lands, taken from the bounds of a former land district, 2 July 1836 1. and included within the bounds of a new district, have been sold by the officers of such former district, under the pre-emption laws or otherwise, at any time prior to the Certain sales open- validated. ing of the land office in such new district, and in which the commissioner of the general land office shall be satisfied that the proceedings in other respects have been fair and regular, (c) such entries and sales shall be, and are hereby, confirmed; and patents shall be issued thereupon, as in other cases.

Ibid. 22.

Entries under

132. In all cases where any entry has been made under the pre-emption laws, pursuant to instructions sent to the register and receiver from the treasury department, and the proceedings have been in all other respects fair and regular, such entries and sales are pre-emption rights confirmed. hereby confirmed, and patents shall be issued thereon as in other cases. (d)

5 Stat. 718.

cates to be re

ment for lands.

9 Stat. 9.

133. Any certificates which have been issued by the treasurer of the United States, 12 June 1844. in favor of individuals who have deposited moneys at the treasury in payment for lands intended by them to be purchased under the act of congress, approved April the 24th, Treasury certifi in the year of our Lord 1820, entitled "An act making further provision for the sale of ceived in paythe public lands," and which certificates have been assigned, may be received in payment for public lands purchased at public sale or by private entry; and any receiver of public moneys who may have received such certificates in payment as aforesaid, may be credited with the amount thereof, upon delivering them duly transferred to the treasury. 134. The second proviso to the act entitled "An act supplementary to the several laws 8 May 1846 31. for the sale of the public lands," approved April 5th 1832, which is as follows, viz.: "That no person shall be permitted to enter more than one half-quarter-section of land Repeal of part of under this act in quarter-quarter-sections in his own name, or in the name of any other person, and in no case, unless he intends it for cultivation or for the use of his improvement; and the person making application to make an entry under this act shall file his or her affidavit under such regulations as the secretary of the treasury may prescribe, that he or she makes the entry in his or her own name, for his or her own benent, and not in trust for another;" shall be, and the same is hereby, repealed. And all entries, selections or locations of lands now suspended in the general land office, because made Suspended encontrary to the restrictions in this proviso, shall be, and they are hereby confirmed, provided they are, in all other respects, fair and regular.

VII. PRICE OF PUBLIC LANDS.

the act of 1832.

tries confirmed.

10 Stat. 574. Price of public lands graduated.

135. All of the public lands of the United States which shall have been in market for 4 Aug. 1854 3 1. ten years or upwards, prior to the time of application to enter the same under the provisions of this act, and still remaining unsold, shall be subject to sale at the price of one. dollar per acre; and all of the lands of the United States that shall have been in market for fifteen years or upwards as aforesaid, and still remaining unsold, shall be subject to sale at seventy-five cents per acre; and all of the lands of the United States that shall have been in market for twenty years or upwards as aforesaid, and still remaining unsold, shall be subject to sale at fifty cents per acre; and all of the lands of the United States that shall have been in market for twenty-five years and upwards as aforesaid, and still remaining unsold, shall be subject to sale at twenty-five cents per acre; and all lands of the United States that shall have been in the market for thirty years or more, shall be subject to sale at twelve-and-a-half cents per acre: (e) Provided, This section

(a) See 3 Opin. 313.

(b) The remainder of this section repealed, infra, 134.

(c) The commissioner has to judge of the proof and may receive further evidence in support of the fairness and regularity of the claim. 3 Opin 149. Aud see Ibid. 182.

(d) See 3 Opin. 139, 149.

(e) Under the land laws of the United States. aliens are entitled to purchase the public lands, subject only as to their tenure, to such limitations as particular states may enact; with this excep tion, however, that pre-emptions are secured to aliens who have

4 August 1854. shall not be so construed as to extend to lands reserved to the United States, in acts Not to extend to granting land to states for railroad or other internal improvements, or to mineral lands held at over one dollar and twenty-five cents per acre.

reserved lands.

Ibid. 22. Pre-emptioners

to have the benefit of the graduation.

Ibid. 23.

Oath of applicant.

8 March 1855 1. 10 Stat. 649.

cases.

upon

136. Upon every reduction in price under the provisions of this act, the occupant and settler the lands shall have the right of pre-emption at such graduated price, upon the same terms, conditions, restrictions and limitations, upon which the public lands of the United States are now subject to the right of pre-emption, until within thirty days preceding the next graduation or reduction that shall take place; and if not so purchased, shall again be subject to right of pre-emption for eleven months as before, and so on from time to time as reductions take place: Provided, That nothing in this act shall be so construed as to interfere with any right which has or may accrue by virtue of any act granting pre-emption to actual settlers upon public lands.

137. Any person applying to enter any of the foresaid lands shall be required to make affidavit before the register or receiver of the proper land office, that he or she enters the same for his or her own use, and for the purpose of actual settlement and cultivation, or for the use of an adjoining farm or plantation, owned or occupied by him or herself, and together with said entry, he or she has not acquired from the United States, under the provisions of this act, more than three hundred and twenty acres, according to the established surveys; and if any person or persons taking such oath or affidavit shall swear falsely in the premises, he or she shall be subject to all the pains and penalties of perjury.

138. In all cases where lands have been or shall hereafter be sold under the act of 4th August 1854, “to graduate and reduce the price of the public lands to actual settlers Excess to be re- and cultivators," at a higher rate than authorized by that act, the secretary of the funded in certain interior shall be, and is hereby authorized, to direct the receivers of public money for the proper land district, to refund the excess out of any money in his hands derived from the sales of public lands; and the periods and principle of graduation, fixed by the instructions of the general land office, of 30th October 1854, shall be, and they are hereby confirmed.

3 March 1855 ? 1. 10 Stat. 703.

Before whom

oath may be made.

18 Aug. 1856 ? 1. 11 Stat. 120.

Computation of

time in district

of Greensburg.

31 March 1830 34.

Punishment of

lands.

139. The act approved 4th August 1854, "to graduate and reduce the price of the public lands to actual settlers and cultivators," shall be so construed that the affidavits required by the third section of that act may be made before any officer duly authorized by law to administer oaths, according to such forms, and pursuant to such regulations. as shall be prescribed by the secretary of the interior.

140. In classifying the unsold and unappropriated public lands in the district of Greensburg, subject to sale in the state of Louisiana, under the act entitled An act to graduate and reduce the price of the public lands to actual settlers and cultivators," ap proved August 4th 1854, the respective periods therein referred to shall be computed from the dates on which the lands became subject to private entry, after the first or original offering of the same.

VIII. PREVENTION OF FRAUDS.

141. If any person or persons shall, before or at the time of the public sale of any of 4 Stat. 392. the lands of the United States, bargain, contract or agree, or shall attempt to bargain, corrupt combina- contract or agree, with any other person or persons, that the last-named person or pertions to affect the sons shall not bid upon, or purchase the land so offered for sale, or any parcel thereof, sales of public or shall by intimidation, combination or unfair management, hinder or prevent, or attempt to hinder or prevent, any person or persons from bidding upon or purchasing any tract or tracts of land so offered for sale; every such offender, his, her or their aiders and abettors, being thereof duly convicted, shall, for every such offence, be fined not exceeding one thousand dollars, or imprisoned not exceeding two years, or both in the discretion of the court.

Ibid. 25.

Corrupt bargains

of lands to be void.

142. If any person or persons shall, before or at the time of the public sale of any of the lands of the United States, enter into any contract, bargain, agreement or secret to affect the price understanding with any other person or persons, proposing to purchase such land, to pay or give to such purchasers for such land, a sum of money, or other article of property, over and above the price at which the land may or shall be bid off by such purchasers, every such contract, bargain, agreement or secret understanding, and every bond, obligation or writing of any kind whatsoever, founded upon, or growing out of the same, shall be utterly null and void. (a) And any person or persons being a party to such contract, bargain, agreement or secret understanding, who shall or may pay to such pur

Consideration

may be recovered back.

declared their intention to become naturalized citizens according to law, and to citizens whether native born or naturalized, and none others. The same distinction is maintained in the gradua tion acts, with the further condition, that the limited quantity of land. purchasable by any person at the reduced prices, can be purchased only for personal use and for actual settlement and cultivation. 7 Opin. 351.

(a) A covenant on the part of a settler upon unsurveyed lands of the United States to purchase those lands as soon as they are surveyed and offered for sale by the government, and then mort gage them to a creditor for the security of a debt, is not within the act. Wright v. Sl umway, 2 Am. L. R. 20.

equity.

chasers, any sum of money or other article of property, as aforesaid, over and above the 31 March 1830. purchase-money of such land, may sue for, and recover such excess from such pur- Discovery may be chasers in any court having jurisdiction of the same. And if the party aggrieved have compelled, in no legal evidence of such contract, bargain, agreement or secret understanding, or of the payment of the excess aforesaid, he may, by bill in equity, compel such purchasers to make discovery thereof; and if, in such case, the complainant shall ask for relief, the court in which the bill is pending, may proceed to final decree between the parties to the same: Provided, Every such suit either in law or equity shall be commenced within six Limitation. years next after the sale of said land by the United States.

IX. CORRECTION OF ERRORS.

3 Stat. 526.

moneys credited

143. In every case of a purchaser of public lands, at private sale, (a) having entered, 3 March 1819 2 1. at the land office, a tract different from that he intended to purchase, and being desirous of having the error in his entry corrected, he shall make his application, for that Erroneous purentries may be pose, to the register of the land office; and if it shall appear, from testimony satisfactory withdrawn and to the register and receiver of public moneys, that an error in the entry has been made, for other lands. and that the same was occasioned by original incorrect marks made by the surveyor, or by the obliteration or change of the original marks and numbers at corners of the tract of land; or that it has, in any other wise, arisen from mistake or error of the surveyor or officers of the land office; the said register and receiver of public moneys shall report the case, with the testimony, and their opinion thereon, to the secretary of the treasury, who shall have power to direct, if in his opinion it shall be proper, that the purchaser Powers of secre shall be at liberty to withdraw the entry so erroneously made, and that the moneys which tary have been paid, shall be applied in the purchase of other lands in the same district, or credited in the payment for other lands which shall have been purchased at the same

office.

4 Stat. 31.

entries of land

144. Where any mistake, in relation to the correct numbers of any tract of land, not 24 May 1824 ? 1. exceeding in quantity one half-section, may have been heretofore made by any purchaser of the public lands of the United States at private sale; and where one or more payments Erroneous shall have been made by the person making the entry, on any tract entered by mistake; may be changed and where such payment has not been forfeited, previously to the passing of this act, for in certain cases. a failure to complete the payments on such tract; and where the purchaser or purchasers may not, in relation to said tract, have in any way taken advantage of the provisions of the act of the 2d of March 1821, entitled "An act for the relief of the purchasers of the public lands prior to the first day of July 1820," or of the act supplementary thereto, or the act continuing in force said supplementary act; and where the person or persons making the purchase has not, in any way, transferred his, her or their right to the certificate of purchase, or the tract so purchased; and where no patent shall have issued for the tract so erroneously purchased; and, also, in all cases of an entry hereafter made, of a tract of land not intended to be entered, by a mistake of the true numbers of the tract intended to be entered, where the tract, thus erroneously entered, does not, in quantity, exceed one half-section; and where the certificate of the original purchaser or purchasers has not been assigned, or the right of the original purchaser or purchasers in any way transferred, [and where six months from the time the entry shall have been made, may not have elapsed,](b) or the patent issued for the tract erroneously entered; the purchaser or purchasers, or, in case of his, her or their death, the legal representa- Proceeding for tives, (not being assignees or transferees), may, either in the cases of entry before or after the passing of this act, and in any case coming within its provisions, file his, her or their own affidavit or affidavits, with such additional evidence as can be procured, showing the mistake of the numbers of the tract intended to be entered, and that every reasonable precaution and exertion had been used to avoid the error, with the register and receiver of the land district within which such tract of land is situated; who shall transmit the evidence submitted to them in each case, together with their written opinion or opinions, both as to existence of the mistake, and the credibility of each person testifying thereto, to the commissioner of the general land office; who, if he be entirely satisfied the mistake has been made, and that every reasonable precaution and exertion had been made to avoid it, shall be authorized to change the entry, and transfer the payment from the tract erroneously entered, to that intended to be entered, if unsold; but, if sold, to any other tract liable to entry: Provided, That the oath of the person or persons Oath of party to interested shall, in no case, be deemed sufficient, in the absence of other corroborating testimony, to authorize any such change of entry: And provided also, That nothing herein contained shall affect the right of third persons.

(a) This, and the subsequent acts of 1824 and 1828, authorize the correction only of the entries of lands for money paid. En- 247. tries by Canadian volunteers are not such. 2 Opin. 341. But see infra, 149-50.

correction of such errors.

be corroborated.

Clause within brackets repealed, by act 17 July 1848. 9 Stat.

24 May 1824 2 2. 145. Either the register or receiver may administer all oaths to be made under the Registers and re- provisions of this act, and every person, knowingly, wilfully and corruptly, swearing

ceivers to ad

minister oaths. False swearing, perjury.

Ibid. 23.

falsely, on any oath administered to him or her under the provisions of this act, shall, on indictment and conviction for such offence, before any court having competent jurisdiction to try the same, suffer the pains and penalties of wilful and corrupt perjury. 146. For every oath administered under the provisions of this act, the register and Fees of registers receiver shall be allowed the sum of twenty-five cents, and twenty-five cents for every hundred words of the evidence received and transmitted to the commissioner of the general land office; to be paid by the party making the application for a change of entry.

and receivers,

12 Jan. 1825

4 Stat. 80.

Where purchase

is void by reason

1. 147. Every person, or the legal representative of every person, who is, or may be, a purchaser of a tract of land from the United States, the purchase whereof is, or may be void, by reason of a prior sale thereof by the United States, or by the confirmation, or of prior sale, &c., other legal establishment of a prior British, French or Spanish grant thereof, or for want money to be re- of title thereto in the United States, from any other cause whatsoever, (a) shall be entitled to repayment of any sum or sums of money, paid for, or on account of, such tract of land, (b) on making proof, to the satisfaction of the secretary of the treasury, that the same was erroneously sold, in manner aforesaid, by the United States; who is hereby authorized and required to repay such sum or sums of money, paid as aforesaid. (c)

funded.

24 May 1828

4 Stat. 301.

Act of 1819 ex

1.

tended to cases in which patents have issued.

March 1853 ? 1. 10 Stat. 256.

Correction of erroneous loca

tion of military bounty land warrants.

Ibid. § 2.

148. The provisions of the act entitled "An act providing for the correction of errors in making entries of lands at the land offices," approved March 3d 1819, are hereby declared to extend to cases where patents have issued, or shall hereafter issue; upon condition that the party concerned shall surrender his or her patent, to the commissioner of the general land office, with a relinquishment of title thereon, executed in a form to be prescribed by the secretary of the treasury.

149. Where an actual settler on the public lands has sought or shall hereafter attempt to locate the land settled on and improved by him, with a military bounty land warrant, and where, from any cause, an error has occurred in making such location, said settler shall be authorized to relinquish the land so erroneously located, and to locate such warrant upon the land so settled upon and improved by him, if the same shall then be vacant, and if not, upon any other vacant land, on making proof of those facts to the satisfaction of the land officers, according to such rules and regulations as may be prescribed by the commissioner of the general land office, and subject to his final adjudication.

150. The provisions of the act of 3d March 1819, "providing for the correction of Acts of 1819 and errors in making entries of land at the land offices," and of the act of 24th May 1828, 1828 extended to supplementary to said act of 3d March 1819, shall be and the same are hereby made applicable to errors in the location of land warrants.

such cases.

2 March 1821 1. 3 Stat 612.

Purchasers may relinquish portions of lands

purchased prior

to 1 July 1820.

X. RELIEF OF PURCHASERS.

151. In all cases where lands have been purchased from the United States, prior to the first day of July 1820, it shall be lawful for any such purchaser, or other person or persons, being the legal holder of any certificate or certificates of land, on or before the 30th day of September 1821, (d) to file with the register of the land office, where any tract of land has been purchased, a relinquishment, in writing, of any section, halfsection, quarter-section, half-quarter-section, or legal subdivision of any fractional section, (e) of land so purchased, upon which the whole purchase-money has not been paid; Moneys paid to and all sums paid on account of the part relinquished, shall be applied to the discharge of any instalments which may be, or shall hereafter become, due and payable upon such land, so purchased, as shall not have been relinquished; and shall be so applied and credited as to complete the payment on some one or more half-quarter-sections where the payments by transfer are sufficient for that purpose: Provided, That all divisions and subdivisions, contemplated by this act, shall be made in conformity with the first section of an act making further provision for the sale of public lands, passed the 24th day of April 1820: (g) And provided also, That the right of relinquishment hereby given shall, in no case, authorize the party relinquishing to claim any repayment from the United States: And provided also, That where any purchaser has purchased, at the same time,

be applied to instalments on those retained.

But not to be repaid.

(a) Instances where there is a deficiency in the quantity of land purchased, and where an entry has been made of land to which another hai a pre-emption right, are cases falling within the terms of the act, and call for repayment. 4 Opin. 227. But in the case of an erroneous sale, in any respect other than failure of consideration by reason of want of title in the United States, the secretary of the treasury has no power to refund the purchase-money; in such cases, relief must be sought at the hands of congress. 3 Ibid. 697. 4 Ibid. 253.

(b) In cases of error arising from miscalculations of the amount to be paid, where the money paid has not been returned by the receiver, the excess should not be paid into the treasury; but the error should be corrected by the receiver. Where, however, the

excess or overpayment shall have found its way into the treasury, it cannot be withdrawn except in strict fulfilment of the requisi tions of law. 4 Opin. 227.

(c) The act 25 February 1825 authorizes and requires the secre tary of the treasury to pay, out of any money in the treasury not otherwise appropriated, the sum or sums of money, to which auf person, or the legal representatives of any person, may be enti tled, by virtue of this act. 4 Stat. 91.

(d) Time extended by acts 20 April 1822. (3 Stat. 665); S March 1823, (Ibid. 781); 18 May 1824, (4 Ibid. 24); 4 May 1826, (Ibid. 158); and 21 March 1828, (Ibid. 259). And see infra, 100-70. (e) See act 26 May 1824. 4 Stat. 60. (g) See supra, 123.

two or more quarter-sections, he shall not be permitted to relinquish less than a quarter- 2 March 1821. section.

Ibid. § 2.

152. The interest which shall have accrued before the 30th day of September next, upon any debt to the United States, for public land, shall be, and the same is hereby, Interest remitremitted and discharged.

ted.

Ibid. 3.

ments.

153. The persons indebted to the United States, as aforesaid, shall be divided into three classes; the first class to include all such persons as shall have paid to the United Debtors classified States only one-fourth part of the original price of the land by them respectively purchased or held; the second class to include all such persons as shall have paid to the United States only one-half part of such original price; and the third class to include To pay by instal all such persons as shall have paid to the United States three-fourth parts of such original price; and the debts of the persons included in the first class shall be paid in eight equal annual instalments; the debts of the persons included in the second class shall be paid in six equal annual instalments; and the debts of the persons included in the third class shall be paid in four equal annual instalments, the first of which instalments, in each of the classes aforesaid, shall be paid in manner following, to wit: of the third class, on the 30th day of September next; of the second class, on the 31st day of December next; and of the first class, on the 31st day of March 1822; and the whole of the debt Interest. aforesaid shall bear an equal annual interest at the rate of six per cent.: Provided always, That the same shall be remitted upon each and every of the instalments aforesaid which shall be punctually paid when the same shall become payable as aforesaid.

sites.

Ibid. 25.

154. Each and every individual or company that has laid off, on any lands by him or them purchased of the United States, any town, a part or the whole of the lots whereof Extended to pur have been sold, shall be entitled to the benefits of this act in relation to any half-quarter, chasers of town or quarter-section of land, on which such town may be situated, and of all land by him or them owned, contiguous to, and adjoining said half-quarter, quarter-section, or section, on which said town is situated; upon condition only, that each and every person who has purchased of him, or them, a town lot, or part of a lot, or land in and adjoining the same, shall be entitled to a remission of all interest that has accrued, and to a discount of twenty per centum on the amount unpaid, and to discharge their debt by bonds, with security, in equal annual instalments of four years from the 30th day of December next. Nor shall the provisions of this act be construed to extend to any person or persons But not to claimclaiming title to land under the provisions of an act passed the 3d day of March 1817, (a) 3 March 1817. entitled "An act to set apart and dispose of certain public lands for the encouragement of the cultivation of the vine and olive."

ants under act of

Ibid. 26.

155. For failure to pay the several debts aforesaid, in manner aforesaid, and for the term of three months after the day appointed for the payment of the last instalment In default of paythereof, in each of the classes aforesaid, the land so purchased or held by the respective ment, lands to persons indebted to the United States as aforesaid, shall, ipso facto, become forfeited, and revert to the United States.(b)

revert.

Jbid. 27.

tion to be filed.

156. No person shall be deemed to be included within, or entitled to, the benefit of any of the provisions of this act, who shall not, on or before the 30th day of Sep- Within what tember next, sign and file in the office of the register of the land office of the district period declara where the land was purchased, or where the residue of the purchase-money is payable, a declaration in writing, expressing his consent to the same; and shall pay to the register, for receiving, recording and filing the same, fifty cents.

Ibid. 28.

Duties of regis‐

ceivers.

157. It shall be, and hereby is made, the duty of the several registers and receivers of the land offices of the United States, according to the forms and instructions which shall be given in that behalf by the treasury department, to assist in carrying this act ters and rein [to] execution, (c) to keep full and faithful accounts and records of all proceedings under the same; and, within the term of three months after the said thirtieth day of September next, to transmit to the said department a correct report of the quantity of land relinquished to the United States; the quantity on which full payment shall have been made; and the quantity on which a further credit shall have been given, distinguishing the amount of the debt on which a further credit shall have been allowed; and the registers and receivers, respectively, shall be entitled to receive fifty cents from the Fees. party relinquishing, for each half-quarter-section, quarter-section, half-section, section or legal subdivision of a fractional section, so relinquished.

Ibid. 29.

30 Sept. 1821.

158. No lands purchased from the United States on or before the first day of July 1820, which are not already forfeited, shall be considered as forfeited to the government, No lands to be for failure in completing the payment thereon, until the said 30th day of September forfeited prior to next; and all the lands which shall be relinquished to the United States, as aforesaid, (c) See act 22 May 1826, to compensate receivers for extra ser(b) See act 31 March 1830, for the relief of persons whose lands vices rendered under this act. 4 Stat. 193. And see 2 Opin. 81, have reverted under this act. 4 Stat. 390. See also act 25 Febru- as to its construction. ary 1831. Ibid. 445.

(a) 3 Stat. 374.