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SALES OF PUBLIC LANDS.

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519

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See " Isolated tracts.".
Public lands generally are not subject to sale. See Acts of March 2, 1889,

and March 3, 1891..
Revised Statutes.-Sections 2353–2364, 2369-2370, and 2373-2376—To be

offered in half quarter-sections-Private sales—No credit-Minimum
price, $1.25 an acre-Refund in certain cases-Mistakes in descrip-
tion-Agreement to prevent bids-----
Act of March 2, 1889 (25 Stat. 854)-Withdrawal of lands from private

salem Minimum price of forfeited railroad lands.--Act of March 3, 1891 (26 Stat, 1099)-Public lands not to be sold at public

auction-Indian agreements not affected..
Act of May 18, 1898 (30 Stat. 418)--Distinction between offered and un-

offered lands abolished.---
Act of March 4, 1909 (35 Stat. 1099)-Agreement to prevent bids---
Act of April 15, 1920—Relief of occupants of certain lands in Utah..
Act of May 29, 1920—-Relief of occupants of certain lands in Idaho.
Act of February 13, 1922—Sale of certain lands surveyed as Tenderfoot

Lake, Wisconsin
Act of March 20, 1922-Sale of certain lands in Coconino County, Arizona
Act of May 8, 1922-Relief of certain persons in Minnesota ---
Act of September 21, 1922--Preference right to certain persons in Ar-

kansas -

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UNITED STATES REVISED STATUTES,

proceedings in,

SEC, 2353. All the public lands, the sale of which is Public sale of authorized by law, shall, when offered at public sale to quarter-sections. the highest bidder, be offered in half quarter-sections.

Sec. 2354. All the public lands, when offered at private Private sales in sale,

may be purchased at the option of the purchaser in entire sections, half-sections, quarter-section, half quarter-sections, or quarter quarter-sections.

Sec. 2355. Every person making application at any of Private sales, the land offices of the United States for the purchase at private sale of a tract of land shall produce to the register a memorandum in writing, describing the tract, which he shall enter by the proper number of the section, halfsection, quarter-section, half quarter-section, or quarter quarter-section, as the case may be, and of the township and range, subscribing his name thereto, which memorandum the register shall file and preserve in his office.

Sec. 2356. Credit shall not be allowed for the purchase. No credit on money on the sale of any of the public lands, but every lands. purchaser of land sold at public sale shall, on the day of purchase, make complete payment therefor; and the purchaser at private sale shall produce to the register of the land-office a receipt from the Treasurer of the United States, or from the receiver of public moneys of the district, for the amount of the purchase-money on any tract, before he enters the same at the land-office; and if any

sales of public

Price of lands $1.25 per acre.

Public lands may be offered

person, being the highest bidder at public sale for a tract of land, fails to make payment therefor on the day on which the same was purchased, the tract shall be again offered at public sale on the next day of sale, and such person shall not be capable of becoming the purchaser of that or any other tract offered at such public sales.

Sec. 2357. The price at which the public lands are offered for sale shall be one dollar and twenty-five cents an acre; and at every public sale, the highest bidder who makes payment as provided in the preceding section shall be the purchaser; but no land shall be sold, either at public or private sale, for a less price than one dollar and twenty-five cents an acre; and all the public lands which are hereafter offered at public sale according to law, and remain unsold at the close of such public sales, shall be subject to be sold at private sale, by entry at the land office, at one dollar and twenty-five cents an acre, to be

paid at the time of making such entry: Provided, That • the price to be paid for alternate reserved lands along the

line of railroads within the limits granted by any Act of Congress shall be two dollars and fifty cents per acre.

[The first section of the Act of March 2, 1889, enacts that from and after the passage of that Act “no public lands of the United States, except those in the State of Missouri, shall be subject to private entry."]

Sec. 2358. Whenever the President is authorized to for sale in such cause the public lands in any land district to be offered proportion

for sale, he may offer for sale, at first, only a part of the chooses. lands contained in such district, and at any subsequent

time or times he may offer for sale in the same manner any other part, or the remainder of the land contained in

the same. Advertisement

Sec. 2359. The public lands which are exposed to public sale by order of the President shall be advertised for a period of not less than three nor more than six months prior to the day of sale, unless otherwise specially provided.

SEC. 2360. The public sales of lands shall, respectively, sales,

be kept open for two weeks, and no longer, unless otherwise specially provided by law.

Sec. 2361. Where two or more persons have become two or more pur purchasers of a section or fractional section, the register chasers of same of the land office of the district in which the lands lie .

shall, on application of the parties, and a surrender of the original certificate, issue separate certificates, of the same date with the original, to each of the purchasers, or their assignees, in conformity with the division agreed on by them; but in no case shall the fractions so purchased be divided by other than north and south, or east and west, lines; nor shall any certificate issue for less than

eighty acres. Purchase SEC. 2362. The Secretary of the Interior is authorized, where sale can not upon proof being made, to his satisfaction, that any tract be confirmed.

the

a s President

of sales.

Duration of

Several certifi. cates issued to

Refunding in certain cases ;

of land has been erroneously sold by the United States, so that from any cause the sale can not be confirmed, to repay to the purchaser, or to his legal representatives or assignees, the sum of money which was paid therefor, out of any money in the Treasury not otherwise appropriated.

SEC. 2363. Where any tract of land has been erroneously sold, as described in the preceding section, and how done. the money which was paid for the same has been invested in any stocks held in trust, or has been paid into the Treasury to the credit of any trust fund, it is lawful, by the sale of such portion of the stocks as may be necessary for the purpose, or out of such trust fund, to repay the purchase money to the parties entitled thereto.

SEC. 2364. Whenever any reservation of public lands Minimum price, is brought into market, the Commissioner of the Gen- reservations sold. eral Land 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.

SEC. 2365. Where two or more persons apply for the Highest bidder, purchase, at private sale, of the same tract, at the same in private sales. time, the register shall determine the preference, by forthwith offering the tract to the highest bidder.

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entry of lands,

Sec. 2369. In every case of a purchaser of public

Mistakes in lands, at private sale, having entered at the land office, provisions for. 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 purpose to the register of the land office; and if it appears from testimony satisfactory to the register and receiver, that an error in the entry has been made, 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 otherwise arisen from mistake or error of the surveyor, or officers of the land office, the register and receiver shall report the case, with the testimony, and their opinion thereon, to the Secretary of the Interior, who is authorized to direct that the purchaser is at liberty to withdraw the entry so erroneously made, and that the moneys which 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 have been purchased at the same office.

Sec. 2370. The provisions of the preceding section Mistakes in are declared to extend to all cases where patents have patent lands. issued or may hereafter issue; upon condition, however, that the party concerned surrenders his patent to the Commissioner of the General Land Office, with a relinquishnient of title thereon, executed in a form to be prescribed by the Secretary of the Interior.

Mistakes in

SEC. 2371. The provisions of the two preceding seclocation of warTants.

tions are made applicable in all respects to errors in the locations of land warrants.

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Agreement and acts intended to

SEC. 2373. Every person who, before or at the time prevent bids; of the public sale of any of the lands of the United penalty,

States, bargains, contracts, or agrees, or attempts to bargain, contract, or agree with any other person, that the last-named person shall not bid upon or purchase the land so offered for sale, or any parcel thereof, or who by intimidation, combination, or unfair management, hinders, or prevents, or attempts to hinder or prevent, any person from bidding upon or purchasing any tract of land so offered for sale, shall be fined not more than one thousand dollars, or imprisoned not more than two years,

or both. Agreements to pay premiums

Sec. 2374. If any person before, or at the time of the to purchasers at public sale of any of the lands of the United States, enters

into any contract, bargain, agreement, or secret understanding with any other person, 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 is 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 grow

ing out of the same, shall be utterly null and void. Recovery of Sec. 2375. Every person being a party to such conpremiums paid to purchasers at tract, bargain, agreement, or secret understanding, who public sales.

pays to such purchaser any sum of money or other article of value, over and above the purchase money of such land, may sue for and recover such excess from such pur

chaser in any court having jurisdiction of the same. Discovery 01 agreements

SEC. 2376. If the party aggrieved have no legal evipay premium by dence of such contract, bargain, agreement, or secret bill in equity.

understanding, or of the payment of the excess, he may,
by bill in equity, compel such purchaser to make dis-
covery 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;
but every such suit either in law or equity shall be com-
menced within six years next after the sale of such land
by the United States.
ACTS OF CONGRESS PASSED SUBSEQUENT TO THE

REVISED STATUTES.

to

An Act To withdraw certain public lands from private entry, and for

other purposes.

Be it enacted by the Senate and House of RepresentaWithdrawal of

tives of the United States of America in Congress assemlands from pri- bled, That from and after the passage of this Act no vate entry.

public lands of the United States, except those in the State of Missouri, shall be subject to private entry.

*

Price of for feited railroad

Sec. 4. That the price of all sections and parts of sections of the public lands within the limits of the portions lands. of the several grants of lands to aid in the construction of railroads which have been heretofore and which may hereafter be forfeited, which were by the Act making such grants or have since been increased to the double minimum price, and, also, of all lands within the limits of any such railroad grant, but not embraced in such grant lying adjacent to and coterminous with the portions of the line of any such railroad which shall not be completed at the date of this Act, is hereby fixed at one dollar and twenty-five cents per acre.

Approved, March 2, 1889 (25 Stat. 854).

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Sec. 9. That hereafter no public lands of the United Public lands States, except abandoned military or other reservations, public sale. isolated and disconnected fractional tracts authorized to be sold by section twenty-four hundred and fifty-five of the Revised Statutes, and mineral and other lands the sale of which at public auction has been authorized by Acts of Congress of a special nature having local application, shall be sold at public sale. Sec. 10. That nothing in this Act shall change, repeal, Indian agree

not or modify any agreements or treaties made with any changed. Indian tribes for the disposal of their lands, or of land ceded to the United States to be disposed of for the benefit of such tribes, and the proceeds thereof to be placed in the Treasury of the United States; and the disposition of such lands shall continue in accordance with the provisions of such treaties or agreements, except as provided in section 5 of this Act.

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Approved, March 3, 1891 (26 Stat. 1095–1099).

An Act To abolish the distinction between offered and unoffered

lands, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in cases arising from and after the pas Distinction be sage of this Act the distinction now obtaining in the twee reddered nord statutes between offered and unoffered lands shall no abolished. longer be made in passing upon subsisting preemption claims, in disposing of the public lands under the homestead laws, and under the timber and stone law of June

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