« ZurückWeiter »
person or corporation is a bona fide purchaser as aforesaid, or that such persons or corporations are such bona fide purchasers, then no such suit shall be instituted and the title of such claimant or claimants shall stand confirmed; but the Secretary of the Interior shall request that suit be brought in such case against the patentee, or the corporation, company, person, or association of persons for whose benefit the patent was issued or certification was made for the value of the land as hereinbefore specified.
Approved, March 2, 1896 (29 Stat. 42).
Extract from the legislative appropriation Act approved March 2,
1895 (28 Stat. 764-807). Sec. 3. The engrossing and recording of patents for Engrossing pat. public lands may be done by means of typewriters or typewriters. other machines, under regulations to be made by the Secretary of the Interior and approved by the President.
LAND LOCATORS—PUNISHMENT FOR FALSE REPRE
An Act To punish persons who make false representations to settlers
and others pertaining to the public lands of the United States.
Be it enacted by the Senate and Ilouse of Representatives of the United States of America in Congress assembled, That any person who, for a reward paid or prom- Public lands; ised to him in that behalf, shall undertake to locate for making false repo an intending purchaser, settler, or entryman any public purchasers, nete, lands of the United States subject to disposition under the public land laws, and who shall willfully and falsely represent to such intending purchaser, settler, or entryman that any tract of land shown to him is public land of the United States subject to sale, settlement, or entry, or that it is of a particular surveyed description, with intent to deceive the person to whom such representation is made, or who, in reckless disregard of the truth, shall falsely represent to any such person that any tract of land shown to him is public land of the United States subject to sale, settlement, or entry, or that it is of a particular surveyed description, thereby deceiving the person to whom such representation is made, shall be deemed Punishment guilty of a misdemeanor and shall be punished by a fine for. of not exceeding $300 or by imprisonment for a term not exceeding one year, or by both such fine and imprisonment.
Approved, February 23, 1917 (39 Stat. 936).
An Act For the benefit of occupying claimants.
tives of the United States of America in Congress assemDispossessed bled, That when an occupant of land, having color of lands" to havo title, in good faith has made valuable improvements remedies, in cer- thereon, and is, in the proper action, found not to be
the rightful owner thereof, such occupant shall be entitled in the Federal courts to all the rights and remedies, and, upon instituting the proper proceedings, such relief as may be given or secured to him by the statutes of the State or Territory where the land lies, although the title of the plaintiff in the action may have been granted by the United States after said improvements were so made.
Approved, June 1, 1874 (18 Stat. 50).
END OF WAR WITH GERMANY.
Joint Resolution Declaring that certain Acts of Congress, joint reso
lutions, and proclamations shall be construed as if the war had ended and the present or existing emergency expired.
Resolved by the Senate and House of Representatives
of the United States of America in Congress assembled, War with Ger. That in the interpretation of any provision relating to Termination of, the duration or date of the termination of the present fecting legiala: war or of the present or existing emergency, meaning tione contingent thereby the war between the Imperial German Governupon
ment and the Imperial and Royal Austro-Hungarian Government and the Government and people of the United States, in any Acts of Congress, joint resolutions, or proclamations of the President containing provisions contingent upon the duration or the date of the termination of such war or of such present or existing emergency, the date when this resolution becomes ef. fective shall be construed and treated as the date of
the termination of the war or of the present or existing Date when res emergency, notwithstanding any provision in any Act effective to gov. of Congress or joint resolution providing any other
mode of determining the date of such termination. And any Act of Congress, or any provision of any such Act, that by its terms is in force only during the existence of a state of war, or during such state of war and a limited period of time thereafter, shall be construed and administered as if such war between the Governments
and people aforesaid terminated on the date when this Legislation ex. resolution becomes effective, any provision of such law cepted.
to the contrary notwithstanding; excepting, however, District of Co. from the operation and effect of this resolution the fol
Public Law, lowing Acts and proclamations, to wit: Title 2 of the 1st sess., p. 297.
Ante, p. 1084.
Act entitled “The Food Control and District of Columbia Rents Act," approved October 22, 1919 (Fortyfirst Statutes, page 297), the Act known as the Trading Trading with with the Enemy Act, approved October 6, 1917 (Fortieth Vol. 40, p. 411. Statutes, page 411), and all amendments thereto, and Liberty bond the First, Second, Third, and Fourth Liberty Bond Vol. 40, pp. 85, Acts, the Supplement to the Second Liberty Bond Act, 986, 1309 and the Victory Liberty Loan Act; titles 1 and 3 of the West Finance War Finance Corporation Act (Fortieth Statutes, page Vol. 40, pp. 506) as amended by the Act approved March 3, 1919 508., 13.18. (Fortieth Statutes, page 1313), and Public Resolution Numbered 55, Sixty-sixth Congress, entitled “ Joint resolution directing the War Finance Corporation to take certain action for the relief of the present depression in the agricultural sections of the country, and for other purposes," passed January 4, 1921; also the proclama- Proclamation tions issued under the authority conferred by the Acts der. herein excepted from the effect and operation of this resolution: Provided, however, That nothing herein contained, shall be construed as effective to terminate the serters military status of any person now in desertion from the
changed. military or naval service of the United States, nor to terminate the liability to prosecution and punishment Violators of seunder the selective service law, approved May 18, 1917 lat. (Fortieth Statutes, page 76), of any person who failed to comply with the provisions of said Act, or of Acts amendatory thereof: Provided further, That the Act entitled "An Act to amend section 3, title 1, of the Act Amendment to entitled 'An Act to punish acts of interference with espionage Act. foreign relations, the neutrality, and the foreign com-structions to sale merce of the United States, to punish espionage, and listments, etc., better to enforce the criminal laws of the United States, revol. 40, p. 563, and for other purposes,' approved June 15, 1917 repealed. (Fortieth Statutes, page 217), and for other purposes," approved May 16, 1918 (Fortieth Statutes, page 553), be, and the same is hereby, repealed, and that said section 3 of said Act approved June 15, 1917, is hereby Former provirevived and restored with the same force and effect as originally enacted.
Nothing herein contained shall be held to exempt from No exemption prosecution or to relieve from punishment any offense for prior violaheretofore committed in violation of any Act hereby repealed or which may be committed while it remains in force as herein provided. 35
Approved, March 3, 1921 (41–1359).
Vol. 40, p. 76.
Vol. 40, p. 219.
* This act is bere given for the reason that a number of public land lais provide for certain conditions during the war with Germany.
INDIAN HOMESTEADS, ALLOTMENTS, AND
Page. See" Railroads"; also “Rights of Way.” Revised Statutes.-Section 2093—Disposal of Indian lands. Sections 2115-2126-Survey---Purchases of Indian lands-Trespass Protection
205 Act of March 3, 1875—Homestead entry by Indians-Alienation of title_ 207 Act of March 3, 1883—Proceeds of reservations.
205 Act of July 4, 1884-Homestead laws made applicable to Indians-No ex
penses of publie-land service to be paid from proceeds of Indian lands_ 208 Act of February 8, 1897—Allotments--Lands purchased from Indians and
not allotted to be held for settlers—Trust patents-Religious organiza
tions-Preference for police_Citizenship-Irrigation-Rights of way 209 Act of October 19, 1888—Indian may surrender patent and select other land
LUDUDI 214 Act of February 16, 1889-Disposal of dead timber.
214 Act of February 28, 1891–Allotments—Leases where allottee disabledSelection of public land-Fees-Determination of descent.
215 Act of March 3, 1893—Costs in legal contests—District attorneys to represent Indians
217 Act of August 15, 1894-Leases_
217 Act of June 7, 1897–Leases -
218 Act of February 6, 1901-Actions in court to determine right where allotment is denied
218 Act of March 2, 1901—Suits in Supreme Court
SA 219 Act of May 27, 1902—Inherited lands may be conveyed in fee_
220 Act of May 31, 1902—State statutes of limitations applicable in suits for profit of lands patented in severalty to Indians
220 Act of June 19, 1902—Allotments in severalty outside of Indian Territory 221 Act of April 23, 1904—Errors in allotments and patents to be corrected.. 221 Act of May 8, 1906-Citizenship-Patents_
222 Act of June 21, 1906—Restrictions on alienation-Lands not liable for prior debts-Trust funds-Sales within reclamation projects -
223 Act of March 1, 1907–Payment of taxes--Sale of allotment of noncompetent Indian
224 Act of May 29, 1908-Sale on petition of allottee_Minors--Fee simple title to heirs—Use of proceeds-
225 Act of March 3, 1909–Grant of lands within Indian reservations to railroads—Allotments on public domain-Lease of mineral lands-Exchange of lands unsuitable for allotment-Irrigation-Religious organizations
226 Act of May 6, 1910—Grants to railroads_
228 Act of June 25, 1910—Disposal of trust allotment of intestate Indian
Disposal by will-Unlawful to induce conveyances—Sale of timberAllotments by special agents--Allottees dying without heirs-Power sites-Rights of way-Allotments—Chippewa timber-Allotments in national forests
228 Act of December 21, 1911-Jurisdiction of Indian allotment suits -- 237 Act of June 6, 1912–Classification and appraisement of unallotted lands. 237 Act of February 14, 1913—Disposal of allotments, trust moneys, etc., by will
238 Act of May 18, 1916—Heirs of Indian property
239 Act of June 30, 1919— Mineral leases
240 Act of February 14, 1920—Expenses incident to leases, etc.
239 Act of March 3, 1921–Lease of allotments-Minerals.
Page. 243 244 214
Act of March 3, 1921–Gypsum, limestone, asbestos, etc., mineral.
allotted to be disposed of-Proceeds.
homesteaders required to pay $1.25 per acre. Act of June 13, 1902–Subject to free homesteads.-CHIPPEWA AGRICULTURAL LANDS.-Act of January 14, 1889
Sale of agricultural lands under homestead laws at $1.25 per acre---Act of June 27, 1902—Timber lands to be opened to homestead entry after
sale of timber. Act of May 23, 1908—Lands subject to homestead entry at $1.25 per acre-Acts of Congress providing for disposition of surplus lands in certain In
dian reservations, etc----
UNITED STATES REVISED STATUTES.
Sec. 2093. All moneys received from the sales of lands Disposal of pro
ceeds of sales of that have been or may be hereafter, ceded to the United Indian lands.
Jan. 9, 1837, States by Indian tribes, by treaties providing for the 5 s. 135. investment or payment to the Indians, parties thereto, of the proceeds of the lands ceded by them, respectively, after deducting the expenses of survey and sale, any sums stipulated to be advanced, and the expenses of fulfilling any engagements contained therein, shall be paid into the Treasury in the same manner that moneys received from the sales of public lands are paid into the Treasury.
Sec. 2115. Whenever it becomes necessary to survey Survey of Inany Indian or other reservations, or any lands, the same
Apr. 8, 1864, shall be surveyed under the direction and control of the 13 s. 41. General Land Office, and as nearly as may be in conformity to the rules and regulations under which other public lands are surveyed.
Sec. 2116. No purchase, grant, lease, or other convey- Purchases or ance of lands, or of any title or claim thereto, from any Hans.
grants from In. Indian nation or tribe of Indians, shall be of any validity , June 30, 1834, in law or equity, unless the same be made by treaty or convention entered into pursuant to the Constitution. Every person who, not being employed under the authority of the United States, attempts to negotiate such treaty or convention, directly or indirectly, or to treat with any such nation or tribe of Indians for the title or purchase of any lands by them held or claimed, is liable to a penalty of one thousand dollars. The agent of any State who may be present at any treaty held with Indians under the authority of the United States, in the presence and with the approbation of the commissioner of the United States appointed to hold the same, may, however, propose to, and adjust with, the Indians the compensation to be made for their claim to lands within such State, which shall be extinguished by treaty.