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 107 of 150)
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shall be made to the person or persons who made the several de-
posits, or to his or their legal representatives, after the completion
or abandonment of the work for which the deposits were made,
and upon an account certified by the surveyor-general of the dis-
trict in which the mineral land surveyed, or sought to be surveyed
is situated and approved by the Commissioner of the General Land
Office. (35 Stat. 645.)

This was an act entitled "An act for relief of applicants for mineral snr-
veys."
Previons provisions for the repayment of excess amounts deposited to cof*

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§ 4814 THB PUBLIC LANDS (Tit 32

er the cost of tuireys of the public lands were made by R. S. | 2402, antr. i
4812, and R. S. | 3688, post, i 6799.

§ 4814. (R. S. § 2403, as amended. Act April 27, 1876, c. 84, Act
March 3, 1879, c. 170, and Act Aug. 20, 1894, c 302, § 2.) De-
posits made by settlers for public surveys to go in part pay^
ment of lands.
Where settlers or owners or ^antees of public lands make dcposiu
in accordance with the provisions of section twenty-four hundred
and one, as hereby amended, certificates shall be issued for such de-
posits which may be used by settlers in part payment for the lands
settled upon by them, the survey of which is paid for out of such
deposits, or said certificates may be assigned by indorsement and may
be received by the Government in payment for any public lands of the
United States in the States where the surveys were made, entered or
to be entered under the laws thereof.

Act March 8, 1871, c 127, 16 Stat. 581. Act AprU 27. 1876, c 84. 19 Sut
88. Act March 8, 1879, c 170, 20 Stat 352. Act Aug. 20, 1894, c. 302, | 2,
28 8tat. 423.

This section, as orijrinally enacted, was as follows:

'*Where setUers make deposits in accordance with the proTisiona of sertion
twenty-four hundred and seven the amount so deposited shall fo In part
payment for their lands situated in the townships, the surreyinf of which U
paid for out of such deposits.*'

It was amended by Act April 27, 1876, c 84, dted aboTe, by striking oot
the word **seyen" and inserting in lieu thereof the word ''one,'* and by pro-
riding that proceedings thereunder should hare the same force and effect mm
though the section had been originally enacted as amended.

It was again amended by Act March 3, 1879, c. 170, 20 Stat 852, by adding.
at the end of the section, the following provision:

**Ur the certificates issued for such deposits may be assigned by indorsement
and be received in psyment for any public lands of the United States ca-
tered by settlers under the pre-emption and homestead laws of the United
States, and not otherwise."

It was again amended by Act Aug. 20, 18&4, c 802^ I 2, 28 Stat 428, to read
as set forth here.

R. 8. { 2401, as amended by Act Ang. 20, 1804, c 802, 1 1, mentioned in this
section, is set forth ante, | 4811.

A provision that no certificate issued under this section and Act Mardi S,
1879, c. 170, **shall be received in payment for lands except at the land office
in which the lands surveyed for which the deposit was made are subject to
entry," which was made by Act Aug. 7, 18S2, c 433, | 1, 22 Sut 327, wis
superseded by the subsequent amendment of this section by Act Aug. 20, 181H.
c 302, I 2, last cited above, making the certificates receivable in payment i*9r
any public lands in the States when the surveys were made, entered, or to be
entered.

§ 4815. (Act Aug. 7, 1882, c. 433, § 1.) Deposits in Louisiaiia ap-
plicable to resurveys; certificates of deposit receivable in pay-
ment for land.
The part of the sum hereby appropriated which may be appor-
tioned to the surveying district of Louisiana, together with such
sums as have been or may be deposited for surveys therein br
actual settlers, under sections twenty-four hundred and one, twenty-
four hundred and two, and twenty-four hundred and three of the
Revised Statutes, may be, in whole or in part, employed in making
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Ch. 9) THE PUBLIC LANDS § 48W

such resurveys as may be necessary in the discretion of the Commis-
sioner of the General Land Office. . (22 Stat. 327.)

This was a proyiso annexed to an appropriation for surveying, in the sun-
dry civil appropriation act for the fiscal year 1883, dted above.

The appropriation referred to was the annual appropriation for surveying
the public lands.

R. S. §§ 2401, 2402, 2403, mentioned in this provision, are set forth ante, H
4811, 4812, 4814.

§ 4816. (R. S. § 2404.) Augmented rates for surveys of lands

covered with forests, etc., in Oregon.
The Commissioner of the General Land-Office may authorize, in
his discretion, public lands in Oregon, densely covered with forests
or thick undergrowth, to be surveyed at augmented rates, not ex-
ceeding eighteen dollars per mile for standard parallels, fifteen dollars
for townships, and twelve dollars for section lines.

Act July 16, 1870, c 292, § 1, 16 Stat. 305.

See notes to R. S. | 2400, ante, § 4808.

§ 4817. (R. S. § 2405.) Augmented rates for surve}^ of lands cov-
ered with forests, etc., in California and Washington.
The Commissioner of the General Land-Office, in his discretion,
may hereafter authorize public lands in California and in Washington
[Territory], densely covered with forests or thick undergrowth, to
be surveyed at augmented rates, not exceeding eighteen dollars per
linear mile for standard parallels, sixteen dollars for townships, and
fourteen dollars for section lines.

Act June 10, 1872, c. 415, § 1, 17 Stat. 358.

The word **Territory," inclosed in brackets in this section, was superseded
by the admission of Washington into the Union by Act Feb. 22, 1880, c. 180,
25 Stat 676.
See notes to R. S. § 2400, ante, § 480a

§ 4818. (R. S. § 2406.) Geological surveys, extension of public
surveys, expenses of subdividing.
There shall be no further geological survey by the Government,
unless hereafter authorized by law. The public surveys shall ex-
tend over all mineral lands; and all subdividing of surveyed lands
into lots less than one hundred and sixty acres may be done by county
and local surveyors at the expense of claimants ; but nothing in this
'section contained shall require the survey of waste or useless lands.
Act July 21, 1852, c. 66, § 1, 10 Stat. 15, 21. Act July 9, 1870, c. 235, |
16, 16 Stat 218.

Subsequent provisions for geological surveys are 'collected ante, under Title
XI, "The Department of the Interior," Chapter 9 A, '"The Geological Survey."
t>eputy surveyors, were required to make a critical examination of the char-
acter of sections 16 and 86 in any township in Colorado, and report in their
field notes mineral discoveries, by Act April 2, 1884, c. 20, § 2, 23 Stat. 10;
that act providing that the State of Colorado should select other lands for
school purposes in lieu of sections 16 and 36 found to be mineral lands.

§ 4819. (R. S. § 2407.) Surveys on rivers in certain cases.

Whenever, in the opinion of the President, a departure from the
ordinary method of surveying land on any river, lake, bayou, or
water-course would promote the public interest, he may direct the
surveyor-general in whose district such land is situated, and where

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§ 4819 THB PUBLIC LANDS (Tit 3:2

the change is intended to be made, to cause the lands thus situated
to be surveyed in tracts of two acres in width, fronting on any river,
bayou, lake, or water-course, and running back the depth of forty
acres; which tracts of land so surveyed shall be offered for sale
entire, instead of in half-quarter sections, and in the usual manner and
on the same terms in all respects as the other public lands of the
United States.

Act May 24, 1824, c 141, 4 Stat 84.

§ 4820. (R. S. § 2408.) Lines of sunre3rs in Nevada*

In extending the surveys of the public lands in the State of Ne-
vada, the Secretary of the Interior may vary the lines of the subdi-
visions from a rectangular form, to suit the circumstances of the
country.

Act July 4, 1866, c 166, | 5, 14 SUt 86.

§ 4821. (R. S. § 2409.) Geodetic method of survey in Oregon and

California. *
The Secretary of the Interior, if he deems it advisable, is author-
ized to continue the surveys in Oregon and California, to be made
after what is known as the geodetic method, under such regulations
and upon such terms as have been or may hereafter be prescribed
by the Commissioner of the General Land-Office; but none other
than township-lines shall be run where the land is unfit for cultiva-
tion ; nor shall any deputy surveyor charge for any line except such
as may be actually run and marked, or for any line not necessary to
be run.

Act Sept 27, 1860, c. 76, | 8, 9 Stat 496. Act March 8, 18B3. e. 140, |
4, 10 Stat. 245.

§ 4822. (R. S. § 2410.) Rectangular mode of survey, when may
be departed from.
Whenever, in the opinion of the Secretary of the Interior, a
departure from the rectangular mode of surveying and subdividing
the public lands in California would promote the public interests, he
may direct such change to be made in the mode of surveying and
designating such lands as he deems proper, with reference to the
existence of mountains, mineral deposits, and the advantages derived
from timber and water privileges; but such lands shall not be stu*-
veyed into less than one hundred and sixty acres, or subdivided into
less than forty acres.

Act Maich 8, 1853, c 145, | 4, 10 Stat 245.

§ 4823. (R. S. § 2411.) Compensation for surveying by the day

in Oregon and California.
Whenever the public surveys, or any portion of them, in the
States of Oregon and California, are so required to be made as to
render it expedient to make compensation for the surveying thereof
by the day instead of by the mile, it shall be lawful for the Commis-
sioner of the General Land-Office, under the direction of the Secre-
tary of the Interior, to make such fair and reasonable allowance as,

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Ch. 9) THE PUBLIC liANDS § 4826

in his judgment, may be necessary to insure the accurate and faithful
execution of the work.

Act March 3, 1853, c. 145, | 8» 10 Stat 247.

The provisions of this section were extended to Colorado, Idaho, Montana,
Nevada, Utah, Washington, Wyoming, Arizona, New Mexico, and Alaska, by
special provisions annexed to the appropriations for the surveys contained
in various sundry civil appropriation acts, but omitted in later similar ap-
propriation acts.

The appropriation for the surveys for the fiscal year 1914, with the special
provisions as to its expenditure, were contained in the sundry civil appro-
priation act for that year. Act June 23, 1918, c 8, | 1, 38 Stat 46.

See notes to B. S. | 2400, ante, | 4808.

§ 4824. (Act March 3, 1909, c. 271, as amended, Res. June 25, 1910,
No. 40.) Resurve3rs or retracements of surveys to mark
boundaries of public lands undisposed of.

The Secretary of the Interior may in his discretion cause to be
made, as he may deem wise under the rectangular system now pro-
vided by l^w, such resurvejrs or retracements of the surveys of
public lands as, after full investigation, he may deem essential
to properly mark the boundaries of the public lands reniaining
undisposed of: Provided, That no such resurvey or retracement
shall be so executed as to impair the bona fide rights or claims of
any claimant, entryman, or owner of lands affected by such resur-
vey or retracement: Provided further, That not to exceed twenty
per cent, of the total annual appropriation for surveys and resur-
veys of the public lands shall be used for the resurveys and re-
tracements authorized hereby. (35 Stat. 845. 36 Stat. 884.)

This was an act entitled ''An act authorizing the necessary resurvey of
public lands."

The amendment of this act by Res. June 25, 1910, No. 40, cited above, con-
sisted in changing the words '*five per centum'* in the last proviso, as originally
enacted, to "twenty per centum," as set forth here.

Resurveys of particular public lands were authorised by special acts: Lands
in Nebraska, by Act May 19, 1908, c. 176, 35 Stat 165 ; in Wyoming, by Act
May 29, 1908, c. 220, §§ 1, 2, 35 Stat. 465; in Louisiana, by Act May 25,
1906, c 2554, 34 Stat 199.

(R. S. § 2412. Repealed.)
This section imposed a penalty upon every person who, by threats or force,
interrupted, hindered, or prevented the surveying of the public lands or of any
private land-claim. It was incorporated in Crim. Code, § 58, post, { 10225,
and was expressly repealed by Crim. Code, § 341, post, { 10515.

§ 4825. (R. S. § 2413.) Protection of surveyor by marshal of dis-
trict.
Whenever the President is satisfied that forcible opposition has
been offered, or is likely to be offered, to any surveyor or deputy
surveyor in the discharge of his duties in surveying the public lands,,
it may be lawful for the President to order the marshal of the State
or district, by himself or deputy, to attend such surveyor or deputy
surveyor with sufficient force to protect such officer in the execution
of his duty, and to remove force should any be offered.
Act May 29, 1830, c 163, | 2, 4 Stat 417.

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§ 4826



THB PUBLIC LANDS



(Tit 32



CHAPTER TEN
Bounty-Lands



482e. Military bounty-land warranU
and locations assignable.

4827. Warrants located at $1.26; ex-

cess paid in casb.

4828. Claims for bounty-lands in Tirtue

of certain acts named, etc

4829. Same subject.

4830. Bounty-lands for soldiers in cer-

tain wars.

4831. Certain classes of persons in tbe

Mexican war, their widows,
etc., entitled to forty acres.

4832. Militia and yolunteers in serrice

since 1812.

4833. Persons not entitled under pre-

ceding sections.

4834. Period of captivity added to ac-

tual service.

4835. Warrant and patent to issue,

when.

4836. Widows of persons entitled.

4837. Additional bounty-lands, etc.

4838. Classes under last section speci-

fied.

4839. What classes of persons entitled

under B. S. § 2425, without
regard to length of service.

4840. Widows and children of persons

entitled under B. S. | 2425.

4841. Subsequent marriage of widow.

4842. Minors under B. S. § 2428.

4843. Proof of service.

4844. Former evidence of rii?ht to boun-

ty-land to be received in cer-
tain cases.

4845. Allowance of time of service for



8m.

distance from horns to place of
muster or discharge.

4846. Indians included.

4847. Former evidence of right to •

pension to be received in cer-
tain cases on application for
bounty-land.

4848. Sales, mortgages, letters of st-

tomey, etc, made before issue
of warrant to be void.

4849. Warrants to be located free of

expense by Commissioner of
Land-OiBce, etc

4850. Deserters not entitled to bountj-

land.

4851. Lost warrants, provisions for.

4852. Discharges, omissions, and loss

of, provided for.

4853. New warrant issued in lien of

lost warrant

4854. Be}(ulations by Secretary of In-

terior.

4855. Mode of issuing patents to the

heirs of persons entitled to
bounty-lands.

4856. Death of chiimant after esUb-

lishing right and before issu-
ing of warrant

4857. When proofs may be filed by le-

gal representatives.

4858. Belocation of military bounty-

land warrants in cases of er-
ror.

4859. Bounty warrants and indemnity

certificates receivable in pay-
ment for lands.



§ 4826. (R. S. § 2414.) Military bounty-land warrants and loca-
tions assignable.

All warrants for military bounty-lands which have been or may
hereafter be issued under any law of the United States, and all valid
locations of the same which have been or may hereafter be made,
are declared to be assignable by deed or instrument of writing, made
and executed according to such form and pursuant to such regula-
tions as may be prescribed by the Commissioner of the General
Land-Office, so as to vest the assignee with all the rights of the orig-
inal owner of the warrant or location.

Act March 22, 1852, c 19, | 1, 10 Stat. 8. Act June 3, 1858, c 84, | 2,

. 11 Stat 309.

§ 4827. (R. S. § 2415.) Warrants located at $1.25; excess paid
in cash.
The warrants which have been or may hereafter be issued in pur-
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Ch. 10) THE PUBLIC LANDS § 4830

suance of law may be located according to the legal subdivisions of
the public lands in one body upon any lands of the United States
subject to private entry at the time of such location at the minimum
price. , When such warrant is located on lands which are subject to
entry at a greater minimum than one dollar and twenty-five cents
per acre, the locator shall pay to the United States in cash the dif-
ference between the value of such warrants at one dollar and twenty-
five cents per acre and the tract of land located on. But where such
tract is rated at one dollar and twenty-five cents per acre, and does
not exceed the area specified in the warrant, it must be taken in full
satisfaction thereof.

Act March 22, 1852, c 19, | 1, 10 Stat. 8.

§ 4828. (R. S. § 2416.) Claims for bounty-lands in virtue ot cer-
tain acts named, etc.
In all cases of warrants for bounty-lands, issued by virtue of an
act approved July twenty-seven, one thousand eight hundred and
forty-two, and of two acts approved January twenty-seven, one thou-
sand eight hundred and thirty-five, therein and thereby revised, and
of two acts to the same intent, respectively, approved June twenty-
six, eighteen hundred and forty-eight, and February eight, eighteen
hundred and fifty-four, for military services in the revolutionary
war, or in the war of eighteen hundred and twelve with Great Britain,
which Remained unsatisfied on the second day of July, eighteen hun-
dred and sixty-four, it is lawful for the person in whose name such
warrant issued, his heirs or legal representatives, to enter in quarter-
sections, at the proper local land-office in any of the States or Ter-
ritories, the quantity of the pubHc lands subject to private entry
which he is entitled to under such warrant.
Act July 2, 1864, c. 226, 1 1, 13 Stat 378.

§ 4829. (R. S. § 2417.) Same subject

All warrants for bounty-lands referred to in the preceding section
may be located at any time, in conformity with the general laws in
force at the time of such location.

Act July 2, 1864, c 226, § 2, 13 Stat 879.

§ 4830. (R. S. § 2418.) Bounty-lands for soldiers in certain wars.
Each of the surviving, or the widow or minor children of de-
ceased t:ommissioned and non-commissioned officers, musicians, or
privates, whether of regulars, volunteers, rangers, or militia, who per-
formed military service in any regiment, company, or detachment, in
the service of the United States, in the war with Great Britain, declared
on the eighteenth day of June, eighteen hundred and twelve, or in any
of the Indian wars since seventeen hundred and ninety, and prior to
the third of March, eighteen hundred and fifty, and each of the com-
missioned officers who was engaged in the military service of the
United States in the war with Mexico, shall be entitled to lands as
follows : Those who engaged to serve twelve months or during the
war, and actually served nine months, shall receive one hundred and
sixty acres, and those who engaged to serve six months, and ac-
tually served four months, shall receive eighty acres, and those who

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§ 4830 THE PUBLIC LANDS (Tit 32

engaged to serve for any or an indefinite period, and actually served
one month, shall receive forty acres; but wherever any officer or
soldier was honorably discharged in consequence of disability con-
tracted in the service, before the expiration of his period of serv-
ice, he shall receive the amount to which he would have been enti-
tled if he had served the full period for which he had engaged to
serve. All the persons enumerated in this section who enlisted in
the regular army, or were mustered in any volunteer company for a
period of not less than twelve months, and who served in the war
with Mexico and received an honorable discharge, or who were
killed or died of wounds received or sickness incurred in the course
of such service, or were discharged before the expiration of the terra
of service in consequence of wounds received or sickness incurred in
the course of such service, shall be entitled to receive a certificate or
warrant for one hundred and sixty acres of land : or at option Treas-
ury scrip for one hundred dollars bearing interest at six per cent
per annum, payable semi-annually, at the pleasure of the Govern-
ment. In the event of the death of any one of the persons men-
tioned in this section during service, or after his discharge, and be-
fore the issuing of a certificate or warrant, the warrant or scrip shall
be issued in favor of his family or relatives ; first, to the widow and
his children; -second, his father; third, his mother; fourth, his
brothers and sisters.

Act Feb. 11, 1847, c 8, | 9, 9 Stat 125, 120. Act Sept 28, 1860, c. 80, 1 1,

9 Stat 520.
An appropriation was made for the redemption of ontatandinf Treamry

acrip, and the further isaaance of snch scrip was prohibited by Act March 8,

1849, c 100, 9 SUt 366. Notwithstanding that act, the provision of Act Feb.

11, 1847, c 8, i 9, for the issuance of such scrip, was carried into B. 8. H 2418,

2419, as aet forth in this and the following section.

§ 4831. (R. S. § 2419.) Certain classes of persons in the Mexican
war, their widows, etc., entitled to forty acres.
The persons enumerated in the preceding section received mto
service after the commencement of the war with Mexico, for less
than twelve months, and who served such term, or were honorably
discharged are entitled to receive a certificate or warrant for forty
acres, or scrip for twenty-five dollars if preferred, and in the event
of the death of such person during service, or after honorable dis-
charge before the eleventh of February, eighteen hundred and forty-
seven, the warrant or scrip shall issue to the wife, child, or children,
if there be any, and if none, to the father, and if no father, to the
mother of such soldier.

Act Feb. 11, 1847, c 8, | 9, 9 Stat. 126w
See note to R. S. | 2418, ante, | 4820.

§ 4832. (R. S. § 2420.) Militia and volunteers in service since
1812.
Where the militia, or volunteers, or State troops of any State or
Territory, subsequent to the eighteenth day of June, eighteen hun-
dred and twelve, and prior to March twenty-second, eighteen hun-
dred and fifty-two, were called into service, the officers and soldiers
thereof shall be entitled to all the benefits of section two thousand

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Ch. 10) THB PUBLIC LANDS § 4837

four hundred and eighteen upon proof of length of service as there-
in required.

Act March 22, 1852, c. 19, § 4, 10 Stat 4.

R. S. § 2418, mentioned in this section, is set forth ante, | 4830.

§ 4833. (R. S. § 2421.) Persons not entitled under preceding sec-
tions.

No person shall take any benefit under the provisions of the three
preceding sections, if he has received, or is entitled to receive, any
military land-bounty under any act of Congress passed prior to the
twenty-second March, eighteen hundred and fifty-two.
Act Sept 28, 1850, c 85, { 1, 9 Stat 520.

§ 4834. (R. S. § 2422.) Period of captivity added to actual serv-
ice.
The period during which any officer or soldier remained in cap-
tivity with the enemy shall be estimated and added to the period of
his actual service, and the person so retained in captivity shall re-
ceive land under the provisions of sections twenty-four hundred and
eighteen and twenty-four hundred and twenty, in the same manner
that he would be entitled in case he had entered the service for the
whole term made up by the addition of the time of his captivity, and
had served during such term.

Act Sept 28, 1850, c. 85, § 2, 9 Stat 520.

R. S. §f 2418, 2420, mentioned in this section, are set forth ante, |§ 4880,
4832.

§ 4835. (R. S. § 2423.) Warrant and patent to issue, when.

Every person for whom provision is made by sections twenty-
four hundred and eighteen and twenty-four hundred and twenty shall
receive a warrant from the Department of the Interior for the quan-
tity of land to which he is entitled ; and, upon the return of such war-
rant, with evidence of the location thereof having been legally made
to the General Land-Office, a patent shall be issued therefor.

Act Sept. 28, 1850, c. 85, § 3, 9 Stat 520.

R. S. §f 2418; 2420, mentioned in this section, are set forth ante, §§ 4830,



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 107 of 150)