United States.

Compiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes online

. (page 104 of 150)
Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 104 of 150)
Font size
QR-code for this ebook


lOH of this Title, "Abandoned Military Reservations."

§ 4752. (Act Jan. 12, 1877, c. 18, § 1.) Sale of saline lands.

Whenever it shall be made appear to the register and the re-
ceiver of any land office of the United States that any lands with-
in their district are saline in character, it shall be the duty of
said register and said receiver, under the regulations of the Gen-
eral Land Office, to take testimony in reference to such lands to
ascertain their true character, and to report the same to the General
Land office; and if, upon such testimony, the Commissioner of the
General Land office shall find that such lands are saline and incapable
of being purchased under any of the laws of the United States relative
to the public domain, then, and in such case, such lands shall be
offered for sale by public auction at the local land office of the dis-
trict in which the same shall be situated, under such regulations as
shall be prescribed by the Commissioner of the General Land office,
and sold to the highest bidder for cash, at a price not less than one
dollar and twenty-five cents per acre; and in case said lands fail to
sell when so offered, then the same shall be subject to private sale,
at such land office, for cash, at a price not less than one dollar and
twenty-five cents per acre, in the same manner as other lands of the
United States are sold. Provided, That the foregoing enactments shall
not apply to any State or Territory which has not had a grant of
salines by act of Congress, nor to any State which may have had such
a grant, until either the grant has been fully satisfied, or the right of
selection thereunder has expired by efflux of time. But nothing in
this act shall authorize the sale or conveyance of any title other
than such as the United States has, and the patents issued shall be in
the form of a release and quit-claim of all title of the United States in
such lands. (19 Stat. 221.)

This was the first section of an act entitled "An act providing for the sale
of saline land."

Section 2 of the act related to the publication of proclamations relating to
sales of public lands, and is set forth post, § 4768.

The provisions of this section are almost entirely superseded, as to the
public sales, thereby authorized, by Act March 3, 1891, c. 561, §> 9, post, §
4753, forbidding public sale of public lands, with certain exceptions, and as
to private sales by Act March 2, 1889, c. 381, § 1, post, § 4760, forbidding pri-
vate entry of public lands, except those in the State of Missouri, by Act Jan.
31, 1901, c. 186, ante, § 4641, making saline lands subject to location and
purchase under the laws relating to placer-mining claims, and by the grants
to certain states, on their admission to the Union, of the saline lands within
each of them, by the various acts for their admission, respectively, referred to in
subsequent paragraphs of this note.

On the admission to the Union of the State of Colorado, salt springs within
the State, with adjoining land, were granted to that State by the act of ad-
mission, Act March 3, 1875, c. 139, § 11, 18 Stat. 476.

Subsequent acts admitting other States to the Union, in lieu of any grant
of saline lands to said States, make other grants, as follows: North Dakota,
South Dakota, Montana, and Washington, respectively. Act Feb. 22, 1889,
c. 180, §§ 17, 19, 25 Stat. 681; Act March 3, 1893, c. 208, 27 Stat. 592;
Act March 3, 1893, c. 210, § 1, 27 Stat. 661 ; and Act June 4, 1897, c. 2, §
1, 30 Stat. 56. Idaho, Act July 3, 1890, c. 656, §§ 11, 12, 26 SUt. 216.

(1967)



Digitized by



Google



§ 4752 THB PUBLIC LANDS (Tit 32

Wyoming, Act Julj 10, 1H90, c. 664. || 11. 12. 14. 26 SUt 224. and Act
April 23. 1900. c. 254. 31 SUt. 139.

On the admission to the Union of the State of Utah, all saline lands ia
the State were included in the grant for the use of the State univenuty, by
Act July 16, 1894. c. 138, i 8, 28 Stat. 109.

Saline Islands in New Mexico were reserved from entry, location, etc., na-
til Congress should provide for their disposition, by Act June 20. 1910, c. 310.
S 18. 36 Stat. 568.

§ 4753. (Act March 3, 1891, c. 561, § 9.) Public sale of lands for-
bidden; exceptions.

Hereafter no public lands of the United States, except aban-
doned military or other reservations isolated and disconnected frac-
tional 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. (26 Stat. 1099.)

R. S. I 2455. mentioned in this section, is set forth post, | 5110.

§ 4754. (R S. § 2354.) Private sales, in what bodies.

All the public lands, when offered at private sale, may be pur-
chased, at the option of the purchaser, in entire sections, half-sec-
tions, quarter-sections, half quarter-sections, or quarter quarter-sec-
tions.

Act April 5, 1832. c. 65, 4 Stat. 503.

No public lands of the United States, except those in Missonri, were to be
subject to private entry, by Act March 2. 1889, c 381, | 1. post, i 4700.

§ 4755. (R S. § 2355.) Private sales, proceedings in.

Every person making application at any of 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, half-
section, quarter-section, half quarter-section, or quarter quarter-sec-
tion, as the case may be, and of the township and range, subscribing
his name thereto, which memorandum the register shall file and pre-
serve in his office.

Act Feb. 24. 1810, c. 11, | 1. 2 Stat. 556.
See note to R. S. i 2:i57. post, i 4757.

§ 4756. (R. S. § 2356.) No credit on sales of public lands.

Credit shall not be allowed for the purchase-money on the sale of
any of the public lands, but every 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 person, being the highest bidder at public rale 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

(1968)



Digitized by



Google



Ch. 7) THE PUBLIC LANDS § 4768

becoming the purchaser of that or any other tract offered at such
public sales.

Act AprU 24, 1820, c. 61, i 2, 3 Stat. 560.
See note to R. S. S 2366. post, § 4775.

§ 4757. (R. S. § 2357.) Price of lands, $1.25 per acre.

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.

Act April 24, 1820, c. 51, | 3, 3 Stat 566.

The price of alternate reserved sections along the line of railroad grants,
subject to entry, and put on the market prior to Jan., 1861, was reduced
from 5^2.50 per acre to $1.25 per acre, by Act June 15, 1880, c. 227, § 3, post,
{ 4758.

The price of forfeited railroad lands and certain reserved lands lying con-
tiguous to certain railroad lands grants was fixed at $1.25 per acre, by Act
March 2, 1889, c. 381, § 4, post, § 4762.

Private entry of public lands, except in Missouri, was prohibited by Act
March 2. 1889, c. 381, § 1, post, § 4760.

Lands in Missouri were to be subject to private entry, although they had not
been offered at public sale, by Act May 18, 1898, c. 344, § 2, post, | 4764.

The sale of lands at public sale, with certain exceptions, was prohibited by
Act March 3, 1891, c. 561, § 9, ante, § 4753.

Provisions for the subdivision, into lots of ten acres or less or into town
lots, of certain lands in the State of Washington, and the appraisal and sale
thereof at public sale for not less than the appraised value, were contained in
Act June 9, 1906, c 3067, 34 Stot. 229.

The sale to associations or corporations for cemetery purposes of not to
exceed 80 acres of public lands was authorized by Act March 1, 1907, c 2286,
post, I 4765.

§ 4758. (Act June 15, 1880, c 227, § 3.) Price of alternate sections
of railroad lands reduced to $1.25 per acre.

The price of lands now subject to entry which were raised to two
dollars and fifty cents per acre, and put in market prior to January,
eighteen hundred and sixty one, by reason of the grant of alternate
sections for railroad purposes is hereby reduced to one dollar and
twenty-five cents per acre. (21 Stat. 238.)

This section and the section next following were parts of an act entitled "An
act relating to the public lands of the United States."

Section 1 of that act relieved, nnder conditions specified, certain trespassers
upon public lands from proceedings by the United States for acts done prior
to March 1, 1879. Section 2 related to homestead entries already made.
These sections are omitted, as temporary merely.

The price of alternate sections of railroad land was fixed at $2.50 per acre
by R. S. S 2357, ante, § 4757.

Comp.St.'13-124 (1969)



Digitized by



Google



§ 4759 THE PUBLIC LANDS (Tit 3*i

§ 4759. (Act June 15, 1880, c. 227, § 4.) Act not to mpply to min-
eral lands; persons not entitled to benefit of act.

This act shall not apply to any of the mineral lands of the Unit-
ed States; and no person who shall be prosecuted for or pro-
ceeded against on account of any trespass committed or material
taken from any of the public lands after March first, eighteen hun-
dred and seventy-nine shall be entitled to the benefit thereof. (21
Stat. 238.)

8ee notes to eection 3 of this act, ante, I 4758.

§ 4760. (Act March 2, 1889, c 381, § 1.) Private entry of lands
forbidden; exceptions.

From and after the passage of this act no public lands of the
United States, except those in the State of Missouri shall be sub-
ject to private entry. (25 Stat. 854.)

This section and the two sections next foUowing were parts of an art eii>
titled *'An act to withdraw certain public lands from private entry, and for
other purposes.'*

Sections 2, 3, 5-7, of the act related to homestead entries, and are set forth
or referred to under chapter 5 of this Title. ^^Homesteads.**

Other provisions relating to the sale of lands by private entry were made br
R. S. II 2355-2357. ante, H 4755-4757, and Act May 18. 1898, c 344, | 2.
post, i 4764.

§ 4761. (Act March 2, 1889, c. 381, § 4.) Price of forfeited rafl-
road lands and lands adjacent to railroad lands.

The price of all sections and parts of sections of the public lands
within the limits of the portions of the several grants of lands to
aid in the construction of railroads which have been heretofore
and which ma'y hereafter be forfeited, which were by the act mak-
ing such grants or have since been increased to the double min-
imum price, and, also, of all land's within the limits of any such rail-
road 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. (25 Stat. 854.)
See notes to section 1 of this act, ante, | 4760.

§ 4762. (Act March 2, 1889, c. 381, § 8.) Effect of act on previous
provisions.

Nothing in this act shall be construed as suspending, repealing
or in any way rendering inoperative the provisions of the act en-
titled, "An act to provide for the disposal of abandoned and use-
less military reservations/' approved July fifth, eighteen hundred
and eighty-four. (25 Stat. 855.)

See notes to section 1 of this act, ante, { 4700.

Act Jnly 5, 1884, c. 214, mentioned in this section, is set forth post. If
5003-5000.

§ 4763. (Act May 18, 1898, c. 344, § 1.) Distinction between of-
fered and unoffered lands abolished.

In cases arising from and after the passage of this Act the dis-
tinction now obtaining in the statutes between offered and un-
offered lands shall no longer be made in passing upon subsisting

(1970)



Digitized by



Google



Ch. 7) THE PUBLIC LANDS § 4766

preemption claims, in disposing of the public lands under the home-
stead laws, and under the timber and stone law of June third,
eighteen hundred and seventy-eight, as extended by the Act of
August fourth, eighteen hundred and ninety-two, but in all such
cases hereafter arising the land in question shall be treated as un-
offered, without regard to whether it may have actually been at some
time offered or not. (30 Stat. 418.)

This section and the section next following were an act entitled "An act
to abolish the distinction between offered and onoffered lands, and for other
purposes."

The pre-emption laws were repealed by Act .March 3, 1891, c. 561, { 4, 26
Stat. 1097. See note to chapter 4 of this Title.
The homestead laws are set forth ante, in chapter 5 of this Title.
The timber and stone law of June 3, 1878, as extended by Act Aug. 4, 1892,
mentioned in this section, is set forth ante, §§ 4671-4673.

§ 4764. (Act May 18, 1898, c. 344, § 2.) Private sale of public
lands in Missouri.

All public lands within the State of Missouri shall hereafter be
subject to disposal at private sale in the manner now provided
by law for the sale of lands which have been publicly offered for
sale, whether such lands have ever been oflFered at public sale or
not: Provided, That the actual settlers shall have a preference
right, under such rules and regulations as the Secretary of the In-
terior may prescribe. (30 Stat. 418.)

See notes to section 1 of this act, ante. $ 4763.

Private entry of lands other than those in Missouri was forbidden hy Act
March 2, 1889, c. 381, § 1, ante, § 4760.

§ 4765. (Act March 1, 1907, c. 2286.) Sale of lands for cemetery
purposes.

That the Secretary of the Interior be, and he is hereby, author-
ized to sell and convey to any religious or fraternal association,
or private corporation, empowered by the laws under which such
corporation or association is organized or incorporated to hold real
estate for cemetery purposes, not to exceed eighty acres of any unap-
propriated nonmineral public lands of the United States for cemetery
purposes, upon the payment therefor by such corporation or associa-
tion of the sum of not less than one dollar and twenty-five cents per
acre: Provided, That title to any land disposed of under the provi-
sions of this Act shall revert to the United States, should the land or
any part thereof be sold or cease to be used for the purpose herein pro-
vided. (34 Stat. 1052.)

This was an act entitled "An act to authorize the sale of public lands for

cemetery purposes."

§ 4766. (R. S. § 2358.) Public lands may be offered for sale in

such proportions as the President chooses.
Whenever the President is authorized to cause the public lands,
in any land-district, to be offered for sale, he may offer for sale, at
first, only" a part of the 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 lands contained in the same.

Act March 31, 1808, c. 40, i 1, 2 Stat. 479.

See note to R. S. S 2353, ante, § 4751.

(1971)



Digitized by



Google



§ 4767 THE PUBLIC LANDS (Tit 32

§ 4767. (R. S. § 2359.) Advertisement of sales.

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 spe-
cially provided.

Act JuDe 28, 1834, c. 102, 4 Stat 702.

ProclamatioDS relating to the sales of public lands were to be pabUsbed ia
a newspaper printed and publisbed in the State or Territory where tb« lands
. were situated, by Act Jan. 12. 1877, c. 18. S 2, post, | 4708.
See note to K. S. S 2353, ante, I 4751.

§ 4768. (Act Jan. 12, 1877, c. 18, § 2.) Publication of prodama.
tions of sales.
All executive proclamations relating to the sales of Public
Lands shall be published in only one newspaper, the same to be
printed and published in the State or Territory where the lands arc
situated, and to be designated by the Secretary of the Interior.
(19 Stat. 221.)

See notes to section 1 of this act, ante, | 4762.

§ 4769. (R. S. § 2360.) Duration of sales.

The public sales of lands shall, respectively, be kept open for two
weeks, and no longer, unless otherwise specially provided by law.

Act April 24, 1820, c. 61, § 6. 3 Stat. 667.

See note to R. S. S 2353, ante, | 4761.

§ 4770. (R. S. § 2361.) Several certificates issued to two or more
purchasers of same section.
Where two or more persons have become purchasers of a section
or fractional section, the register of the land-office of the district in
which the lands lie shall, on application of the parties, and a surren-
der 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.

Act May 23, 1828, c. 71. § 7, 4 SUt 287.
See note to R. S. S 2353. ante, | 4761.

§ 4771. (R. S. § 2362.) Purchase-money refunded where sale can-
not be confirmed.
The Secretary of the Interior is authorized, upon proof being
made, to his satisfaction, that any tract of land has been errone-
ously 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 repre-
sentatives or assignees, the sum of money which was paid therefor,
out of any money in the Treasury not otherwise appropriated.

Act Jan. 12, 1826, c 6, 4 Stat. 80. Act Feb. 28, 1868, c. 64, | 1, 11 Stat
387.
See note to R. S. | 2353, ante, | 4761.

§ 4772. (R. S. § 2363.) Refimding in certain cases, how done.

Where any tract of land has been erroneously sold, as described
in the preceding section, and the money which was paid for the same
(1972)



Digitized by



Google



Ch. 7) THE PUBLIC LANDS § 4776

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 par-
ties entitled thereto.

Act Feb. 28, 1859, c. 64, § 2, 11 Stat. 388.

See note to R. S. § 2353, ante, | 4751.

§ 4773. (R. S. § 2364.) Minimum price, how fixed when reserva-
tions sold.
Whenever any reservation of public lands is brought into market,

the Commissioner of the General 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.
Act July 2, 1864. c. 221, 13 Stat. 374.

§ 4774. (R. S. § 2365.) Highest bidder, when preferred in private

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

Act April 24, 182(J, c. 51, § 6, 3 Stat. 567.

See note to R. S. § 2357, ante, $ 4757.

§ 4775. (R. S. § 2366.) What coins receivable in pa3rment for pub-
lic lands.
The gold coins of Great Britain and other foreign coins shall be
received in all payments on account of public lands, at the value esti-
mated annually by the Director of the Mint, and proclaimed by the
Secretary of the Treasury, in accordance with the provisions of sec-
tion thirty-five hundred and sixty-four. Title, "The Coinage."

Act March 3, 1823, c. 53, | 1, 3 Stat. 779. Act Feb. 21, 1857, c. 66, § 1,
11 Stat. 163.

R. S. I 3564, mentioned in this section, proTided that the value of standard
foreign coins should be estimated and proclaimed annually. It was super-
seded by a similar provision of the McKinley Tariff Act of Oct. 1, 1890, c.
1244, I 52, 26 Stat. 624, which was itself superseded by a provision of the
Wilson Tariff Act of Aug. 27, 1894, c. 349, | 25, post, S 6536.

R. S. S 3474, post, I 6380, provided that no gold or silver other than coin of
standard fineness of the United States should be receivable in payment of dues
to the United States, except as provided in this section and section 3567, post,
§ 6539, which provided that certain Spanish and Mexican pieces should be
received at the Treasury, the Post-Offices, and the Land-Offices at certain
fixed valuations.

(R. S. § 2367. Superseded.)
This section provided that wherever lands in California, subject to private
entry, were withdrawn from the market for any cause, they should not there-
after be subject to private entry until after they had been open to homestead
and pre-emption settlers for 90 days, and again offered at public sale. It was
superseded by the withdrawal of all public lands, except those in Missouri,
from private entry, by Act March 2, 1889, c. 381, | 1, ante, | 4760.

§ 4776. (R. S. § 2368.) Certain lands located in good faith by
claims arising under treaty of Sept. 30, 1854, may be piu-chas-
ed, etc.

The Secretary of the Interior is authorized to permit the purchase,

(1973)



Digitized by



Google



§ 4776 THE PUBLIC LANDS (Tit 32

with cash or military bounty-land warrants, of such lands as may
have been located with claims arising under the seventh clause of
the second article of the treaty of September thirty, eighteen hun-
dred and fifty-four, at such price per acre as he deems equitable and
proper, but not at a less price than one dollar and twenty-five cents
per acre, and the owners and holders of such claims in good faith arc
also permitted to complete their entries, and to perfect their titles
under such claims upon compliance with the terms above mentioned ;
but it must be shown to the satisfaction of the Secretary of the In-
terior that such claims are held by innocent parties in good faith, and
that the locations made under such claims have been made in good
faith and by innocent holders of the same.
Act Jane 8, 1872. c 357, 17 Stot 340.

§ 4777. (R. S. § 2369.) Mistakes in entry of lands, provisions for.
In every case of a purchaser of public lands, at private sale, having
entered at the land-office, a tract different from that he intended to
purchase, and being desirous of having the error in his entry cor-
rected, 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 offi-
cers 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 lib-
erty to withdraw the entry so erroneously made, and that the mon-
eys 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.

Act March 3, 1819, c. 98, 3 Stat. 526.
See note to R. S. | 2:i57, aote, fi 4757.

§ 4778. (R. S. § 2370.) Mistakes in patent lands.

The provisions of the precediijg section are declared to extend to



Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 104 of 150)