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 116 of 150)
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entries of the public lands claimed as swamp lands, either with cash
or land-warrants, or scrip, or under any homestead or pre-emption
laws prior to the issue of patents to the State or States : Provided.
That in all cases where any State through its constituted authorities,
may have sold or disposed of any tract or tracts of land prior to the
entry sale or location of the same under the pre-emption or other
laws of the United States, no patent shall be issued by the President
for such tract or tracts of land, until such State through its consti-
tuted authorities, shall release its claim thereto in such form as shall
be prescribed by the Secretary of the Interior. In all cases where
such State did not within ninety days from the second day of March,
1855, the date of an act entitled, "An act for the relief of purchasers
and locators of swamp and overflowed lands" through its constituted
authorities, return to the General Land-Office of the United States,
a list of all the lands sold as aforesaid, together with the dates of
such sales and the names of the purchasers, the President shall issue
patents to persons who made such entries of the public lands so
claimed as swamp-land.

Act March 2, 1855, c. 147, | 1, 10 Stat 634.

§ 4963. (R. S. § 2484.) Selection of swamp and overflowed lands

confmned.
All lands selected and reported to the General Land-Office as
swamp and overflowed land by the several States entitled to the pro-
visions of said act of Sept. 28, 1850, prior to March third, A. D. eigh-
teen hundred and fifty-seven, are confirmed to said States respec-
tively so far as the same remained vacant and unappropriated and
not interfered with by an actual settlement under any law of the
United States.

Act March 3, 1867, c 117. 11 Stat 251.

§ 4964. (R. S. § 2488.) Swamp and overflowed lands to be certi-
fied to State within one year, in certain cases.

It shall be the duty of the Commissioner of the General Land-
Office, to certify over to the State of California as swamp and over-
flowed lands, all the lands represented as such upon the approved town-
ship surveys and plats, whether made before or after the 23d day of
July, 1866, under the authority of the United States.

The surveyor-general of the United States for California, shall un-
der the direction of the Commissioner of the General Land-Office,
examine the segregation maps and surveys of the swamp and over-
flowed lands, made by said State ; and where he shall find them to con-

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Ch. IOd) the public lands § 4966

form to the system of surveys adopted by the United States, he shall
construct and approve township plats accordingly, and forward to the
General Land-Office for approval.

In segregating large bodies of land, notoriously and obviously
swamp and overflowed, it shall not be necessary to subdivide the
same, but to run the exterior lines of such body of land.

In case such State surveys are found not to be in accordance with
the system of United States surveys, and in such other townships as
no survey has been made by the United States, the Commissioner shall
direct the surveyor-general, to make segregation surveys, upon appli-
cation to the surveyor-general, by the governor of said State, within
one year of such application, of all the swamp and overflowed land in
such townships, and to report the same to the General Land-Office,
representing and describing what land was swamp and overflowed,
under the grant, according to the best evidence he can obtain.

If the authorities of said State, shall claim as swamp and overflowed,
any land not represented as such upon the map or in the returns of the
surveyors, the character of such land at the date of the grant Septem-
ber twenty-eight, eighteen hundred and fifty, and the right to the same
shall be determined by testimony, to be taken before the surveyor-
general, w^ho shall decide the same, subject to the approval of the
Commissioner of the General Land-Office.
Act July 23, 1866, c. 219, i 4, 14 Stat. 219.

R. S. S 2489, required the local land offices in California immediately to
forward lists and maps of all swamp and overflowed lands claimed by the State
or surveyed as provided in the ten preceding sections of the Revised Statutes^
for final disposition and determination, which final disposition should be made
by the Commissioner of the General Land Office without delay. That section
is omitted as temporary merely, and executed.

§ 4965. (R. S. § 2490.) Act Sept. 28, 1850, c. 84, 9 Stat 519, ex-
tended to Minnesota and Oregon.
The provisions of the act of Congress entitled "An act to enable
the State of Arkansas and other States to redeem" the swamp lands
within their limits, approved September 28, A. D. 1850, extend to
the States of Minnesota and Oregon : Provided, That the grant shall
not include any lands which the Government of the United States may
have sold or disposed of under any law, enacted prior to March 12,
i860, prior to the confirmation of title to be made under the authority
of said act — and the selections to be made from lands already surveyed
in each of the States last named, under the authority of the act afore-
said, shall have been made within two years from the adjournment of
the legislature of each State, at its next session after the 12th day of
March, A. D. i860 — and as to all lands surveyed or to be surveyed,
thereafter, within two years from such adjournment, at the next ses-
sion after notice by the Secretary of the Interior to the governor of
the State, that the surveys have been completed and confirmed.
Act March 12, 1860, c. 5, f § 1, 2, 12 Stat 3.

§ 4966. (Act Feb. 23, 1875, c. 99.) Homestead entries by purchas-
ers from State of Missouri of lands, as swamp lands, declared
not to be such.
In all cases in the State of Missouri where lands have hereto-

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§ 4966 THE PUBLIC LANDS (Tit 32

fore been selected and claimed as swamp and overflowed lands by
said State, and the various counties therein, by virtue of any act
of Congress, and said lands have been withheld from marl^et in
consequence thereof by the General Government, and the said
State and counties have sold said lands to actual settlers, and said
settlers have improved the same to the value of one hundred dol-
lars; said settlers, their heirs, assigns, and legal representatives,
who have continued to reside thereon, shall have priority of right
to [preempt or] homestead all such lands as may be rejected by
the United States as not being in fact swamp and overflowed
lands ; and it shall be the duty of the Secretary of the Interior
to make such rules and regulations as majr be necessary to carry
into effect the provisions of this act : Provided, That nothing here-
in contained shall prejudice the rights of any person who may
have made actual settlement upon such lands under the preemp-
tion or homestead laws prior to the passage of this act (18 Stat.
334.)

This was an act entitled "An act for the relief of actual settlers on land*
claimed to be swamp and overflowed lands in the State of MissoorL**

The words "preempt or," inclosed in brackets .in this section, were super-
seded by the repeal of the preemption laws by Act March 3, 1891, c 561, f 4,
26 Stat. 1097.

§ 4967. (Act March 3, 1877, c. 116.) Grant to Missouri of lands
selected as swamp and overflowed lands.
That all lands in the State of Missouri selected as swamp and
overflowed lands, and regularly reported as such to the General
Land Office, and now withheld from market as such, so far as the
same remain vacant and unappropriated and not interfered with
by any preemption, homestead, or other claim under any law of
the United States, and the claim whereto has not been heretofore re-
jected by the Commissioner of the General Land Office, or other
competent authority, be, and the same are hereby, confirmed to said
State, and all title thereto vested in said State ; and it is hereby made
the duty of the Secretary of the Interior to cause patents to issue for
the same. (19 Stat. 395.)

This was an act entitled "An act granting to the State of Missoari aU
lands therein selected as swamp and overflowed lands."

§ 4968. (Act April 29, 1898, c. 229, § 3.) Title of purchasers of
unconfirmed swamp lands in Arkansas confirmed.
That the title of all persons who have purchased from the State
of Arkansas any unconfirmed swamp land and hold deeds for the
same be, and the same is hereby, confirmed and made valid as
against any claim or right of the United States, and without the
payment by said persons, their heirs or assigns, of any sum what-
ever to the United States or to the State of Arkansas. (30 Stat.
368.)

This section and the section next following were part of an act to appror^
a compromise and settlement between the United States and tb« 8tatt oC
Arkansas, cited above.

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Ch. 10b)



THB PUBLIC LAKDS



4969



§ 4969. (Act April 29, 1898, c. 229, § 4.) Relinquishment by
Arkansas of swamp lands and other public lands granted.
The State of Arkansas does hereby relinquish and quitclaim to
the United States all lands heretofore confirmed, certified, or pat-
ented to the State which have been entered under the public land
laws; and does hereby cede, relinquish, and quitclaim to the United
States all right, title, and interest under the Acts of September twenty-
eighth, eighteen hundred and fifty, March second, eighteen hundred
and fifty-five, and March third, eighteen hundred and fifty-seven, in
and to all lands in the State which have been heretofore granted,
confirmed, certified, or patented by the United States under any other
Acts, and the title to such lands is hereby confirmed in the grantees,
their heirs, successors, or assigns, anything in this Act or any other
Act to the contrary notwithstanding: Provided, That this Act shall
be of no force or effect until the State of Arkansas shall have accepted
and approved the conditions, limitations, and provisions herein con-
tained by an act of the general assembly or by an instrument in writing
duly executed by the governor under the authority conferred upon
him by the legislature of said State, and filed with the Secretary of the
Treasury and the Secretary of the Interior within one year from the
approval of this Act: Provided further, That whereas the general
assembly of the State of Arkansas did, on the tenth day of March,
eighteen hundred and ninety-seven, accept and approve the conditions,
limitations, and provisions herein contained before the passage of this
Act, making the same effective and conclusive, therefore this Act shall
be in full force and effect from and after its passage. (30 Stat 368.)
See note to preceding section.



CHAPTER TEN E
Drainage under State Laws

This chapter, inserted here as additional to the original chapters of Title
XXXII of the Revised Statutes, includes the provisions of Act May 20,
1908, c 181, relating to the drainage of public lands in Minnesota under the
laws of that State.



Sec.

4970. Public lands in Minnesota made

subject to state lawB for drain-
age of swamp or overflowed
lands for agricultural purposes.

4971. Apportionment of cost of drain-

age works; act not to create
any obligation on the United
States.

4972. Sale of lands for enforcement of

charges assessed.

4973. Statement of sale of land under

act to be certified to register
and receiver.

4974. Patents to purchasers of unen-

tered lands at sale under act;
limitations'; disposal of excess
of purchase money over pay-



Sec.

ments required and drainage
charges.

4975. Patents to purchasers of unpat-

ented lands at sale under act;
disposal of excess of sum re-
ceived over payments required
and drainage charges; forfei-
ture of rights of purchasers pn
nonpayment, and subrogation
thereto of person making pay-
ment; disposal of proceeds.

4976. Notices required by drainage

laws to be delivered to register
and receiver and to entrym.en
of unpatented lands affected;
rights of United States and of
such entrymen to be heard, etc.

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§ 4970 THB PUBLIC LANDS (Tit 32

§ 4970. (Act May 20, 1908, c 181, § 1.) Public lands in ITinne-
sota made rabject to state laws for drainage of swamp or
overflowed lands for agricultural purposes.
All lands in the State of Minnesota, when subject to entry, and
all entered lands for which no final certificates have issued, are
hereby made and declared to be subject to all of the provisions of
the laws of said State relating to the drainage of swamp or over-
flowed lands for agricultural purposes to the same extent and in
the same manner in which lands of a like character held in private
ownership are or may be subject to said laws: Provided, That the
United States and all persons legally holding unpatented lands under
entries made under the public-land laws of the IJnited States are ac-
corded all the rights, privileges, and benefits given by said laws to
persons holding lands of a like character in private ownership.
(35 Stat. 169.)

This section and the six sections next following were part of an art en-
. titled *'An act to authorize the drainage of certain lands in the Sute of
Minnesota.'*

Section 8 of that act opened to homestead entries certain ceded Chippewa
Indian lands in Minnesota. It is omitted, as special and local only.

§ 4971. (Act May 20, 1908, c. 181, § 2.) Apportionment of cost of
drainage works; act not to create any obligation on tbt
United States.

The cost of constructing canals, ditches, and other drainage
works incurred in connection with any drainage project under said
laws sh^ll be equitably apportioned among all lands held in private
ownership, all lands covered by unpatented entries, and all unentered
public lands affected by such project ; and officially certified lists show-
ing the amount of the charges assessed against each smallest legfal sub-
division of such lands shall be furnished to the register and receiver of
the land district in which the lands affected are located as soon as said
charges are assessed, but nothing in this Act shall be construed as
creating any obligation on the United States to pay any of said charges.
(35 Stat. 169.)

§ 4972. (Act May 20, 1908, c. 181, § 3.) Sale of lands for enforce-
ment of charges assessed.
All charges legally assessed may be enforced against any unen-
tered lands, or against any lands covered by an unpatented entry.
by the sale of such lands subject to the same manner and under
the same proceedings under which such charges would be enforced
against lands held in private ownership. (35 Stat. 170.)

$ 4973. (Act May 20, 1908, c. 181, § 4.) Statement of sale of land
under act to be certified to register and receiver.
When any unentered lands, or any lands covered by an unpat-
ented entry, have been sold in the manner mentioned in this Act.
a statement of such sale showing the price at which each legal
subdivision was sold shall be officially certified to the register and
receiver immediately after the completion of such sale. (35 Stat.
170.)

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Ch. 10b) the public lands § 4975

§ 4974. (Act May 20, 1908, c. 181, § 5.) Patents to purchasers of
unentered lands at sale under act; limitations; disposal of
excess of purchase money over payments required and drain-
age charges.

At any time after any sale of unentered lands has been made
in the manner and for the purposes mentioned in this Act patent
shall issue to the purchaser thereof upon payment to the receiver of
the minimum price of one dollar and twenty-five cents per acre, or
such other price as may have been fixed by law for such lands, togeth-
er with the usual fees and commissions charged in entry of like lands
under the homestead laws. But purchasers at a sale of unentered
lands shall have the qualification of homestead entrymen and not more
than one hundred and sixty acres of such lands shall be sold to any one
purchaser under the provisions of this Act. This limitation shall not
apply to sales to the State but shall apply to purchases from the State
of unentered lands bid in for the State. Any part of the purchase money
arising from the sale of any lands in the manner and for the purposes
provided in this Act which shall be in excess of the payments herein
required and of the total drainage charges assessed against such lands
shall also be paid to the receiver before patent is issued. (35
Stat. 170.)

§ 4975. (Act May 20, 1908, c. 181, § 6.) Patents to purchasers of
impatented lands at sale under act; disposal of excess of sum
received over payments required and drainage charge^; for-
feiture of rights of purchasers on nonpayment, and subroga-
tion thereto of person making payment; disposal of proceeds.
Any unpatented lands sold in the manner and for the purposes
mentioned in this Act may be patented to the purchaser thereof
at any time after the expiration of the period of redemption pro-
vided for in the drainage laws under which it may be sold (there hav-
ing been no redemption) upon the payment to the receiver of the fees
and commissions and the price mentioned in the preceding section, or
so much thereof as has not already been paid by the entryman ; and
if the sum received at any such sale shall be in excess of the payments
herein required and of the drainage assessments and costs of the sale,
such excess shall be paid to the proper county officer for the benefit
of and pa)mient to the entryman. That unless the purchasers of un-
entered lands shall within ninety days after the sale provided for in
section three, pay to the proper receiver the fees, commissions and
purchase price to which the United States may be entitled as provided
in section five, and unless the purchasers of entered lands shall within
ninety days after the right of redemption has expired make like pay-
ments as provided for in this section, any person having the qualifica-
tions of a homestead entryman may pay to the proper receiver for not
more than one hundred and sixty acres of land for which such payment
has not been made : First, the unpaid fees, commissions and purchase
price to which the United States may then be entitled: and, second,
the sum at which the land was sold at the sale for drainage charges,
and in addition thereto, if bid in by the State, interest on the amount

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§ 4976 l^HB PUBLIC LANDS (Tit. .TJ

bid by the State at the rate of seven per centum per annum from the
date of such sale, and thereupon the person making such payment shall
become subrogated to the rights of such purchaser to receive a patent
for said land. When any payment is made to effect such subrogation
the receiver shall transmit to the treasurer of the county where the
land is situated the amount at which the land was sold at the sale for
drainage charges together with the interest paid thereon, if any. less
any sum in excess of what may be due for such drainage charge, if
the land when sold was unentered. (35 Stat. 170.)

§ 4976. (Act May 20, 1908, c. 181, § 7.) Notices required by
drainage laws to be delivered to register and receiver and to
entrymen of unpatented lands affected; rights of United
States and of such entrymen to be heard, etc.

A copy of all notices required by the drainage laws mentioned
in this Act to be given to the owners or occupants of lands held
in private ownership shall, as soon as such notices issue, be de-
livered to the register and receiver of the proper district land office
in cases where unentered lands are affected thereby and to the en-
trymen whose unpatented lands are included therein, and the
United States and such entrymen shall be given the same rights
to be heard by petition, answer, remonstrance, appeal, or other-
wise as are given to persons holding lands in private ownership ;
and all entrymen shall be given the same rights of redemption as
are given to the owners of lands held in private ownership. (35
Stat. 171.)



CHAPTER TEN F
Protection of Timber and Depredations

This chapter, inserted here ai additional to the oriidnal chapters of Title
XXXII of the Revised SUtutes, includes R. S. |f 245^2463, and subsequent
provisions relating to the protection of timber npon the pabUc lands, outside
of the national forests, and to the purposes for which and the conditions und^r
which such timber may be cut.

The laws relating to the national forests are set forth post, under Titie
XXXII A, 'The National Forests."

See. Sec

4977. Live-oak and red-cedar lands. 4984. Lands no longer needed for naral

4978. Selection of live-oak and red-ce- purposes restored to entry and

dar tracts. sale; prior right of settlers to

4979. Protection of live-oak and red- purchase.

cedar timber. 4985. Restoration to public domain of

4980. Cutting or destruction of live-oak certain naval reservations;

or red-cedar, penalty. preference right of entry; cer-

4981. Vessels employed in carrying tain lands to be disposed of

away live-oak and red-cedar, under town-site laws,

forfeiture of. 4986. Disposition of moneys collected

4982. Clearance of vessels laden with for depredations on public

live-oak; prosecution of depre- lands.

dators. 4987. Seizure of timber cut oa poblic

4983. Examination of lands in Florida lands to be imported.

reserved for naval purposes.

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Ch. IOp) the public lands § 4980

flee Sec.

4988. Relief from prosecutions on pay- 4993. Removal of timber cut in Wy-

ment for timber cut, etc.; re- oming to Idaho.

peal. 4994. Limitations of use of timber tak-

4989. Timber on certain mineral landa en from public lands not to ap-

may be cut for certain pur- ply to certain territory.

poses. 4995. Sale of timber killed or damaged

4990. Registers and receivers to notify by forest fires; proceeds of

Commissioner of General Land sales of damaged timber upon

Office of unlawful cutting of existing claims.

timber. 4996. Disposal of proceeds of sale of

4991. Violations of act punishable. burnt timber upon existing

4992. Timber on certain public lands claim where claim is patented;

may be cut for certain pur- disposal of proceeds where

poses. claim is rejected.

§ 4977. (R. S. § 2458.) Live-oak and red-cedar lands.

The Secretary of the Navy is authorized, under the direction of
the President, to cause such vacant and unappropriated lands of the
United States as produce the live-oak and red-cedar timbers to be
explored, and selection to be made of such tracts or portions thereof,
where the principal growth is of either of such timbers, as in his
judgment may be necessary to furnish for the Navy a sufficient sup-
ply of the same.

Act March 1, 1817, c. 22, § 1, 3 Stat. 347. Act May 15, 1820, c 136, 3
Stat. 607. Act March 3, 1827, c. W, § 3, 4 Stat 242.

§ 4978. (R. S. § 2459.) Selection of live-oak and rcd-ccdar tracts.
The President is authorized to appoint surveyors of public lands,
who shall perform the duties prescribed in the preceding section,
and report to him the tracts by them selected, with the boundaries
ascertained and accurately designated by actual survey or water-
courses ; and the tracts of land thus selected with the approbation of
the President shall be reserved, unless otherwise directed by law,
from any future sale of the public lands, and be appropriated to the
sole purpose of supplying timber for the Navy of the United States ;
but nothing in this section contained shall be construed to prejudice
the prior rights of any person claiming lands, which may be reserved
in the manner herein provided.

Act March 1, 1817, c. 22, § 1, 3 Stat. 347.

§ 4979. (R. S. § 2460.) Protection of live-oak and red-cedar tim-
ber.
The President is authorized to employ so much of the land and
naval forces of the United States as may be necessary effectually to
prevent the felling, cutting down, or other destruction of the timber
of the United States in Florida, and to prevent the transportation or
carrying away any such timber as may be already felled or cut down ;
and to take such other and further measures as may be deemed
advisable for the preservation of the timber of the United States in
Florida.

Act Feb. 23, 1822, c 9, 8 Stat. 661.

§ 4980. (R. S. § 2461.) Cutting or destruction of live-oak or red-
cedar, penalty.
If any person shall cut, or cause or procure to be cut, or aid,

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§ 4980 THB PUBLIC LANDS (Tit 33

assist, or be employed in cutting, or shall wantonly destroy, or cause



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 116 of 150)