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

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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 105 of 150)
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all cases where patents have 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 relinquish-
ment of title thereon, executed in a form to be prescribed by the
Secretary of the Interior.

Act May 24, 1828, c. 96, 4 SUt 301.
See note to R. S. § 2357, ante, | 4757.

§ 4779. (R. S. § 2371.) Mistakes in location of warrants.

The provisions of the two preceding sections are made applicable
in all respects to errors in the location of land-warrants.

Act March 3, 1853, c. 147, | 2. 10 Stat. 257.
See note to K. S. | 2357, ante, S 4757.

(1974)



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Ch. 7) THE PUBLIC LANDS § 4780

§ 4780. (R. S. § 2372, as amended, Act Feb. 24, 1909, c. 181.) Error
in entry, selection, or location by mistake of nimibers; pro-
ceedings upon ; change of entry.
In all cases where an entry, selection, or location has been or
shall hereafter be made of a tract of land not intended to be en-
tered, the entryman, selector, or locator, or, in case of his death, his
legal representatives, or, when the claim is by law transferable, his or
their transferees, may, in any case coming within the provisions of this
section, file his or their affidavit, with such additional evidence as can
be procured showing the mistake as to the numbers of the tract
intended to be entered and that every reasonable precaution and exer-
tion was used to avoid the error, with the register and receiver of the
land district in which such tract of land is situate, who should trans-
mit the evidence submitted to them, in each case, together with their
written opinion both as to the existence of the mistake and the credi-
bility of every person testifying thereto, to the Commissioner of the
General Land Office, who, if he be entirely satisfied that the mistake
has been made and that every reasonable precaution and exertion has
been made to avoid it, is authorized to change the entry and transfer
the payment from the tract erroneously entered to that intended to be
entered, if the same has not been disposed of and is subject to entry,
or, if not subject to entry, then to any other tract liable to such entry,
selection, or location ; but the oath of the person interested shall in no
case be deemed sufficient, in the absence of other corroborating testi-
mony, to authorize such change of entry, nor shall anything herein
contained affect the right of third persons.

Act May 24, 1824, c. 138, | 1, 4 Stat 31. Act Feb. 24, 1909, c. 181, 35
Stat. (545.

This section, as enacted in the Revised Statutes, was as follows:

"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 en- /
tered, where the tract, thus erroneously entered, does not, in quantity, ex-
ceed one half-section, and where the certificate of the original purchaser has
not been assigned, or his right in any way transferred, the purchaser, or, in
case of his death, the legal representatives, not being assignees or transferees,
may, in any case coming within the provisions of this section, file his own
affidavit, with such additional evidence as can be procured, showing the mis-
take of the numbers of the tract intended to be entered, and that every rea-
sonable 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, to-
gether with their written opinion, both as to the 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 that the mistake has been
made, and that every reasonable precaution and exertion had been made
to avoid it, is 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 ; but the oath of the person interested
shall in no case be deemed sufficient, in the absence of other corroborating
testimony, to authorize any such change of entry; nor shall anything herein
contained affect the right of third persons.''

It was amended to read as set forth here by Act Feb. 24, 1909, c. 181, last
cited above, which act was entitled "An act to permit change of entry in case
of mistake of the description of tracts intended to be entered."

(1975)



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§ 4781 THB PUBLIC LANDS (Tit 82

(R S. § 2373. Repealed.)
This section imposed a penalty upon one who agreed with another that the
other should not bid upon land offered for sale, or who by intimidation, combi-
nation, or unfair management prevented any person from biddinc upon or
purchasing any land. It was incorporated in Crim. Code, | 09, post, | 10220,
and was repealed by Crim. Code, | 841, post, | 1061G.

§ 4781. (R. S. § 2374.) Agreements to pay premium to purchasers

at public sales.
If any person before, or at the time of the public sale of any of the
lands of the United States, enters into any contract, bargain, agree-
ment, 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 con-
tract, 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.

Act March 81, 1830, c. 48, S 6, 4 SUt. 892.

See note to R. S. | 2358, ante, § 4751.

§ 4782. (R. S. § 2375.) Recovery of premiums paid to purchasers

at public sales.
Every person bein^ a party to such contract, bargain, agreement,
or secret understanding, who pays to such purchaser any siun 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.

Act March 81, 1830, c. 48, f 5, 4 Stat 392.

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

§ 4783. (R. S. § 2376.) Discovery of agreements to pay premium

by bill in equity.
If the party aggrieved have no legal evidence of such contract,
bargain, agreement, or secret understanding, or of the payment of
the excess, he may, by bill in equity, compel such purchaser 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 de-
cree between the parties to the same; but every such suit either in
law or equity shall be commenced within six years next after the
sale of such land by the United States.

Act March 81, 1830, c. 48, | 5, 4 Stot 392.

(R. S. §§ 2377-2379. Transferred to Chapter lOA.)
R. S. I 2377, limited private entries hy scrip iianed to any State under Act
July 2, 1802, for the establishment of an agricultnral college therein, to do
more than three sections of public lands In any one township.

H. S. i 2378, granted, for purposes of Internal improTement, to each new
State admitted into the Union, so much public land as, induding the qoantity
granted before its admission, would make 500,000 acres; and R, 8. | 2379,
made provisions for selections and locations of such lands.

These three sections are placed, with other provisions relating to similar
grants to States, under chapter lOA of this Title "Resenrations and Grants ts
SUtes for Public Purposes/' post, ff 4873-4875.

(197G)



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Ch. 8) THE PUBLIC LANDS § 4784



CHAPTER EIGHT

Reservation and Sale of Town-Sites on the Public

Lands

Sec. Sec-

4784. Town-sites to be reserved. 4794. Quantity of land excluded from

4785. Reservations to be surveyed into homestead entry for town-site.

lots. 4705. Town-site exceeding maximum;

4786. Town or city sites in public excess to be opened to settle-

lands, ment, etc.

4787. When towns established upon 4796. Town-site less than maximum;

unsurveyed lands; extension additional entry.

limits, how adjusted. 4797. Certain acts of trustees to be

4788. When transcript maps of town void.

are not filed in twelve months, 4798. No title acquired to gold mines,

proceedings by Secretary of In- etc., or to mining-claim, etc.

terior. 4799. Town-site entries on mineral

4789. Where size of lots or town plat lands; title to minerals and

vary from general rule. mining-claims not acquired; ti-

4790. Title to lots subject to mineral tie to lots subject to mining

rights. rights.

4791. Entry of town authorities in 4800. Military or other reservations,

trust for occupants. etc.

4792. Entry under preceding section, 4801. Inhabitants of towns on public

when to be made. lands, right of, to enter.

4793. Entry in proportion to number 4802. Entries by cities and towns for

of inhabitants. cemetery and park purposes.

§ 4784. (R. S. § 2380.) Town-sites to be reserved.

The President is authorized to reserve from the public lands,
whether surveyed or unsurveyed, town-sites on the shores of harbors,
at the junction of rivers, important portages, or any natural or
prospective centers of population.

Act March 3, 1863, c. 80, | 1, 12 Stat. 754.

The lands within the abandoned naval reservations in Mississippi, situated
on Back Bay, near Biloxi, were to be disposed of under the town-site laws
only, by Act March 2, 1895, c. 182, 28 Stat. 814.

The undisposed of lands on the abandoned Fort Buford Military Reservation
were subject to entry under the town-site laws, by Act May 19, 1900, c. 484,
81 Stat. 180.

Commutation for town-site purposes in Oklahoma, of homestead entries of
certain ceded Indian lands, was authorized by Act March 11, 1902, c. 180, 32
Stat. 63. *

This chapter of the Revised Statutes was extended to and declared to be ap-
plicable to ceded Indian lands in Minnesota, by Act Feb. 9, 1903, c. 531,
post, § 5019.

Provisions for withdrawal from entry of lands needed for town-site pur-
poses in connection with irrigation projects, and for survey and subdivision
thereof, and appraisement and sale of lots, etc., were contained in Act April
16, 1906, c. 1631, ante, §§ 4715-4719 ; and town-sites previously set apart or
established, under the provisions of this section and the section following,
may be appraised and disposed of in accordance with the provisions of that
act, by Act June 27, 1906, c. 3559, §§ 3, 4, ante, §§ 4722, 4723.

Special provisions of various acts relating to town sites in Oklahoma are set
forth post, under chapter lOJ, of this Title, "Public Lands in Oklahoma;"

(1977)



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g 4785 THE PUBLIC LANDS (Tit 32

and special provisions relating to townsites in Alaska are set forth po«t, under
chapter lOK of this Title. "Public Lands in Alaska."

§ 4785. (R. S. § 2381.) Reservati(Hi8 to be surveyed into lott.

When, in the opinion of the President, the public interests require
it, it shall be the duty of the Secretary of the Interior to cause any
of such reservations, or part thereof, to be surveyed into urban or
suburban lots of suitable size, and to fix by appraisement of disinter-
ested persons their cash value, and to offer the same for sale at
pubHc outcry to the highest bidder, and thence afterward to be held
subject to sale at private entry according to such regulations as the
Secretary of the Interior may prescribe ; but no lot shall be disposed
of at public sale or private entry for less than the appraised value
thereof. And all such sales shall be conducted by the register and
receiver of the land-office in the district in which the reservations ma\
be situated, in accordance with the instructions of the Commissioner
of the General Land-Office.

Act March 3, 18(i3, c. 80, | 2, 12 SUt. 754.

§ 4786. (R. S. § 2382.) Town or city sites in public lands.

In any case in which parties have already founded, or may here-
after desire to found, a city or town on the public lands, it may be
lawful for them to cause to be filed with 'the recorder for the county
in which the same is situated, a plat thereof, for not exceeding six
hundred and forty acres, describing its exterior boundaries according
to the lines of the public surveys, where such surveys have been
executed ; also giving the name of such city or town, and exhibiting
the streets, squares, blocks, lots, and alleys, the size of the same,
with measurements and area of each municipal subdivision, the lots in
which shall each not exceed four thousand two hundred square feet,
with a statement of the extent and general character of the improve-
ments; such map and statement to be verified under oath by the
party acting for and in behalf of the persons proposing to establish
such city or town ; and within one month after such filing there shall
be transmitted to the General Land-Office a verified transcript of
such map and statement, accompanied by the testimony of two wit-
nesses that such city or town has been established in good faith, and
when the premises are within the limits of an organized land-district,
a similar map and statement shall be filed with the register and re-
ceiver, and at any time after the filing of such map, statement, and
testimony in the General Land-Office it may be lawful for the Presi-
dent to cause the lots embraced within the limits of such city or town
to be offered at public sale to the highest bidder, subject to a mini-
mum of ten dollars for each lot ; and such lots as may not be dis-
posed of at public sale shall thereafter be liable to private entry at
such minimum, or at such reasonable increase or diminution there-
after as the Secretary of the Interior may order from time to time,
after at least three months' notice, in view of the increase or decrease
in the value of the municipal property. But any actual settler upon
any one lot, as above provided, and upon any additional lot in which
he may have substantial improvements shall be entitled to prove up

(1978)



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Ch. 8) THE PUBLIC LANDS § 4790

and purchase the same as a pre-emption, at such minimum, at any
time before the day fixed for the public sale.
Act July 1, 1864, c. 205. S 2, 13 Stat. 343.

Lands ceded by the Shoshone and Bannock Indians of the Fort Hall Reser-
vation in Idaho were not to be disposed of under the town-site laws for less
than ten dollars per acre, by Act June 6, 1900, c. 813, § 5, 31 Stat. 676.

§ 4787. (R. S. § 2383.) When towns established upon unsurveyed
lands; extension limits, how adjusted.

When such cities or towns are established upon unsurveyed lands,
it may be lawful, after the extension thereto of the public surveys,
to adjust the extension limits of the premises according to those lines,
where it can be done without interference with rights which may be
vested by sale; and patents for all lots so disposed of at public or
private sale shall issue as in ordinary cases.
Act July 1, 1864, c. 205, § 3, 13 Stat. 344.

§ 4788. (R. S. § 2384.) When transcript maps of town are not
filed in twelve months, proceedings by Secretary of Interior.

If within twelve months from the establishment of a city or town
on the public domain, the parties interested refuse or fail to file in
the General Land-Office a transcript ipap, with the statement and
testimony called for by the provisions of section twenty-three hun-
dred and eighty-two, it may be lawful for the Secretary of the Inte-
rior to cause a survey and plat to be made of such city or town, and
thereafter the lots in the same shall be disposed of as required by
such provisions, with this exception, that they shall each be at an
increase of fifty per centum on the minimum of ten dollars per lot.

Act July 1, 1864, c. 205, | 4, 13 Stat. 344.

R. S. I 2382, mentioned in this section, is set forth ante, § 4786.

§ 4789. (R. S. § 2385.) Where size of lots or town plat vary from
general rule.
In the case of any city or town, in which the lots may be variant
as to size from the limitation fixed in section twenty-three hundred
and eighty-two, and in which the lots and buildings, as municipal im-
provements, cover an area greater than six hundred and forty acres,
such variance as to size of lots or excess in area shall prove no bar to
such city or town claim under the provisions of that section ; but the
minimum price of each lot in such city or town, which may contain
a greater number of square feet than the maximum named in that
section, shall be increased to such reasonable amount as the Secre-
tary of the Interior may by rule establish.

Act March 3, 1865, c. 107, § 2, 13 Stat. 530.

R. S. § 2382, mentioned in this section, is set forth ante, § 4786.

§ 4790. (R. S. § 2386.) Title to lots subject to mineral rights.

Where mineral veins are possessed, which possession is recognized
by local authority, and to the extent so possessed and recognized, the
title to town-lots to be acquired shall be subject to such recognized
possession and the necessary use thereof; but nothing contained in

(1979)



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§ 4790 THE PUBLIC LANDS (Tit 32

this section shall be so construed as to recognize any color of title
in possessors for mining purposes as against the United States.
Act March 3, 1865, c. 107, S 2, 13 Stot 530.

Farther provisions relating to minerals and mining-claims In lands entrr<Kl
as town-sites were made by B. S. | 2302, post, | 4798, and Act March 3, imu
c. 561, I 16, post, I 4799.

§ 4791. (R. S. § 2387.) Entry of town authorities in trust for oc-
cupants.
Whenever any portion of the public lands have been or may be
settled upon and occupied as a town-site, not subject to entry under
the agricultural pre-emption laws, it is lawful, in case such town be
incorporated, for the corporate authorities thereof, and, if not incor-
porated, for the judge of the county court for the county in which
such town is situated, to enter at the proper land-office, and at the
minimum price, the land so settled and occupied in trust for the sev-
eral use and benefit of the occupants thereof, according to their re-
spective interests ; the execution of which trust, as to the disposal of
the lots in such town, and the proceeds of the sales thereof, to be con-
ducted under such regulations as may be prescribed by the legislative
authority of the State or Territory in which the same may be situated.
Act March 2, 1867, c. 177, 14 Stat. 541.
See note to R. S. | 2388, post, | 4792.

§ 4792. (R. S. § 2388.) Entry under preceding section, when to
be made.
The entry of the land provided for in the preceding section shall
be made, or a declaratory statement of the purpose of the inhab-
itants to enter it as a town-site shall be filed with the register of the
proper land-office, prior to the commencement of the public sale of
the body of land in which it is included, and the entry or declaratory
statement shall include only such land as is actually occupied by the
town, and the title to which is in the United States; but in any Terri-
tory in which a land-office may not have been established, such
declaratory statements may be filed with the surveyor-general of
the surveying-district in which the lands are situated; who shall
transmit the same to the General Land-Office.
Act March 2, 1867, c. 177, 14 Stat. 541.

The lands acquired from the Seminole Indians, after they had been opened
to settlement by proclamation, might be entered under the proTisions of this
section and the preceding section, by Act March 2, 1889, c 412, | 13, 25 Stat
1005.

The Secretary of the Interior was required to reserve not to exceed one half
section of land in each county in Oklahoma for county-seat purposes, said
land to be entered under the provisions of this section and the preceding sec-
tion, by Act March 8, 1891, c. 543, §S 17, 37, post, S 502a

§ 4793. (R. S. § 2389.) Entry in proportion to number of inhab-
itants.
If upon surveyed lands, the entry shall in its exterior limit be
made in conformity to the legal subdivisions of the public lands
authorized by law; and where the inhabitants are in number one
hundred, and less than two hundred, shall embrace not exceeding
three hundred and twenty acres ; and in cases where the inhabitants
of such town are more than two hundred, and less than one thousand,
(1980)



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Ch. 8) THE PUBLIC LANDS § 4796

shall embrace not exceeding six hundred and forty acres ; and where
the number of inhabitants is one thousand and over one thousand,
shall embrace not exceeding twelve hundred and eighty acres; but
for each additional one thousand inhabitants, not exceeding five thou-
sand in all, a further grant of three hundred and twenty acres shall be
allowed.

Act March 2, 1867, c. 177, 14 Stat. 541.

Further provisioxui relating to the maximum quantity of land to be entered
as town-sites were made by Act March 3, 1877, c. 113, post, §§ 4794-4796.

Incorporated cities and towns were authorized to enter public lands for
cemetery and parks purposes, by Act Sept 30, 1890, c. 1121, post, { 4802.

The inhabitants of any town located in Greer county, Oklahoma, were to be
entitled to enter the same as a town-site under the provisions of this and the
two preceding sections, by Act Jan. 18, 1897, c. 62, § 3, post, § 5042.

(R. S. § 2390. Temporary.)
This section provided that the words "not exceeding five thousand in all,'*
in the preceding section, should not apply to Salt Lake City, Utah, but that
lands might be entered for the full number of inhabitants of that city, not
exceeding fifteen thousand, and also provided that it might embrace the school
section number 36, covered by the city, for which indemnity should be given
when a grant was made of the sections for school purposes. It is omitted as
temporary merely and executed.

§ 4794. (Act March 3, 1877, c. 113, § 1.) Quantity of land exclud-
ed from homestead entry for town-site.
The existence or incorporation of any town upon the public
lands of the United States shall not be held to exclude from [pre-
emption or] homestead entry a greater quantity than twenty-five
hundred and sixty acres of land, or the maximum area which may
be entered as a town-site under existing laws, unless the entire
tract claimed or incorporated as such town-site shall, including
and in excess of the area above specified, be actually settled upon,
inhabited, improved, and used for business and municipal purposes.
(19 Stat. 392.)

This section and the two sections next following were parts of an act en-
titled "An act respecting the limits of reservations for town sites upon the
public domain." Section 2 of that act confirmed entries already made. It
is omitted as temporary merely.

The words "pre-emption or," inclosed in brackets in this section, were super-
seded by the repeal of the pre-omption laws by Act March 3, 18® 1, c. 561, |
4, 26 Stat. 1097. See notes to chapter 4 of this Title.

§ 4795. (Act March 3, 1877, c. 113, § 3.) Town-site exceeding
maximum ; excess to be opened to settlement, etc.
Whenever the corporate limits of any town upon the public do-
main are shown or alleged to include lands in excess of the max-
imum area specified in section one of this act, the Commissioner
of the General Land Office may require the authorities of such town,
and it shall be lawful for them, to elect what portion of said lands, in
compact form and embracing the actual site of the municipal occu-
pation and improvement, shall be withheld from [pre-emption and]
homestead entry; and thereafter the residue of such lands shall be
open to disposal under the homestead [and pre-emption] laws. And
upon default of said town authorities to make such selection within
sixty days after notification by the Commissioner, he may direct

(1981)



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§ 4795 THE PUBLIC LANDS (Tit 32

testimony respecting the actual location and extent of said improve-
ments, to be taken by the register and receiver of the district in
which such town may be situated ; and, upon receipt of the same, he
may determine and set off the proper site according to section one
of this act, and declare the remaining lands open to settlement
and entry under the homestead [and pre-emption] laws; ♦ ♦
(19 Stat. 392.)

The words iDclosed in brackets in this section were superseded by the rep*»sl
of the pre-emption laws by Act March 3, 1801, c. 501, S 4, 26 SUt 1097. See
notes to chapter 4 of this Title.

The last provision of this section, omitted here, required the Secretary of a



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 105 of 150)